EXECUTIVE ORDER NO.

209
THE FAMILY CODE OF THE PHILIPPINES
July 6, 19!

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order nd promul!te the "mily
Code of the Philippines, s follows#

$I$%& I

'ARRIA(&

Chpter ). Re*uisites of 'rri!e

Arti+le ). 'rri!e is spe+il +ontr+t of permnent union between mn nd
womn entered into in ++ordn+e with lw for the estblishment of +on,u!l nd
fmily life. It is the foundtion of the fmily nd n inviolble so+il institution
whose nture, +onse*uen+es, nd in+idents re !overned by lw nd not sub,e+t
to stipultion, e-+ept tht mrri!e settlements my fi- the property reltions
durin! the mrri!e within the limits provided by this Code. ./01
Art. 0. No mrri!e shll be vlid, unless these essentil re*uisites re present#
.)1 %e!l +p+ity of the +ontr+tin! prties who must be mle nd
femle2 nd
.01 Consent freely !iven in the presen+e of the solemni3in! offi+er. ./41
Art. 4. $he forml re*uisites of mrri!e re#
.)1 Authority of the solemni3in! offi+er2
.01 A vlid mrri!e li+ense e-+ept in the +ses provided for in Chpter 0 of
this $itle2 nd
.41 A mrri!e +eremony whi+h t5es pl+e with the ppern+e of the
+ontr+tin! prties before the solemni3in! offi+er nd their personl
de+lrtion tht they t5e e+h other s husbnd nd wife in the presen+e
of not less thn two witnesses of le!l !e. ./4, //1
Art. 6. $he bsen+e of ny of the essentil or forml re*uisites shll render the
mrri!e void ab initio, e-+ept s stted in Arti+le 4/ .01.
A defe+t in ny of the essentil re*uisites shll not ffe+t the vlidity of the
mrri!e but the prty or prties responsible for the irre!ulrity shll be +ivilly,
+riminlly nd dministrtively lible. .n1
Art. /. Any mle or femle of the !e of ei!hteen yers or upwrds not under ny
of the impediments mentioned in Arti+les 47 nd 48, my +ontr+t mrri!e. ./61
Art. 9. No pres+ribed form or reli!ious rite for the solemni3tion of the mrri!e is
re*uired. It shll be ne+essry, however, for the +ontr+tin! prties to pper
personlly before the solemni3in! offi+er nd de+lre in the presen+e of not less
thn two witnesses of le!l !e tht they t5e e+h other s husbnd nd wife.
$his de+lrtion shll be +ontined in the mrri!e +ertifi+te whi+h shll be
si!ned by the +ontr+tin! prties nd their witnesses nd ttested by the
solemni3in! offi+er.
In +se of mrri!e in articulo mortis, when the prty t the point of deth is
unble to si!n the mrri!e +ertifi+te, it shll be suffi+ient for one of the
witnesses to the mrri!e to write the nme of sid prty, whi+h f+t shll be
ttested by the solemni3in! offi+er. .//1
Art. 7. 'rri!e my be solemni3ed by#
.)1 Any in+umbent member of the ,udi+iry within the +ourt:s ,urisdi+tion2
.01 Any priest, rbbi, imm, or minister of ny +hur+h or reli!ious se+t duly
uthori3ed by his +hur+h or reli!ious se+t nd re!istered with the +ivil
re!istrr !enerl, +tin! within the limits of the written uthority !rnted by
his +hur+h or reli!ious se+t nd provided tht t lest one of the +ontr+tin!
prties belon!s to the solemni3in! offi+er:s +hur+h or reli!ious se+t2
.41 Any ship +ptin or irplne +hief only in the +se mentioned in Arti+le
4)2

.61 Any militry +ommnder of unit to whi+h +hplin is ssi!ned, in the
bsen+e of the ltter, durin! militry opertion, li5ewise only in the +ses
mentioned in Arti+le 402
./1 Any +onsul;!enerl, +onsul or vi+e;+onsul in the +se provided in Arti+le
)<. ./91
Arti+le. 8. $he mrri!e shll be solemni3ed publi+ly in the +hmbers of the ,ud!e
or in open +ourt, in the +hur+h, +hpel or temple, or in the offi+e the +onsul;
!enerl, +onsul or vi+e;+onsul, s the +se my be, nd not elsewhere, e-+ept in
+ses of mrri!es +ontr+ted on the point of deth or in remote pl+es in
++ordn+e with Arti+le 0= of this Code, or where both of the prties re*uest the
solemni3in! offi+er in writin! in whi+h +se the mrri!e my be solemni3ed t
house or pl+e desi!nted by them in sworn sttement to tht effe+t. ./71
Art. =. A mrri!e li+ense shll be issued by the lo+l +ivil re!istrr of the +ity or
muni+iplity where either +ontr+tin! prty hbitully resides, e-+ept in
mrri!es where no li+ense is re*uired in ++ordn+e with Chpter 0 of this
$itle. ./81
Art. )<. 'rri!es between "ilipino +iti3ens brod my be solemni3ed by
+onsul;!enerl, +onsul or vi+e;+onsul of the Republi+ of the Philippines. $he
issun+e of the mrri!e li+ense nd the duties of the lo+l +ivil re!istrr nd of
the solemni3in! offi+er with re!rd to the +elebrtion of mrri!e shll be
performed by sid +onsulr offi+il. .7/1
Art. )). >here mrri!e li+ense is re*uired, e+h of the +ontr+tin! prties shll
file seprtely sworn ppli+tion for su+h li+ense with the proper lo+l +ivil
re!istrr whi+h shll spe+ify the followin!#
.)1 "ull nme of the +ontr+tin! prty2
.01 Pl+e of birth2
.41 A!e nd dte of birth2
.61 Civil sttus2
./1 If previously mrried, how, when nd where the previous mrri!e ws
dissolved or nnulled2
.91 Present residen+e nd +iti3enship2
.71 ?e!ree of reltionship of the +ontr+tin! prties2
.81 "ull nme, residen+e nd +iti3enship of the fther2
.=1 "ull nme, residen+e nd +iti3enship of the mother2 nd
.)<1 "ull nme, residen+e nd +iti3enship of the !urdin or person hvin!
+hr!e, in +se the +ontr+tin! prty hs neither fther nor mother nd is
under the !e of twenty;one yers.
$he ppli+nts, their prents or !urdins shll not be re*uired to e-hibit their
residen+e +ertifi+tes in ny formlity in +onne+tion with the se+urin! of the
mrri!e li+ense. ./=1
Art. )0. $he lo+l +ivil re!istrr, upon re+eivin! su+h ppli+tion, shll re*uire the
presenttion of the ori!inl birth +ertifi+tes or, in defult thereof, the bptisml
+ertifi+tes of the +ontr+tin! prties or +opies of su+h do+uments duly ttested
by the persons hvin! +ustody of the ori!inls. $hese +ertifi+tes or +ertified
+opies of the do+uments by this Arti+le need not be sworn to nd shll be e-empt
from the do+umentry stmp t-. $he si!nture nd offi+il title of the person
issuin! the +ertifi+te shll be suffi+ient proof of its uthenti+ity.
If either of the +ontr+tin! prties is unble to produ+e his birth or bptisml
+ertifi+te or +ertified +opy of either be+use of the destru+tion or loss of the
ori!inl or if it is shown by n ffidvit of su+h prty or of ny other person tht
su+h birth or bptisml +ertifi+te hs not yet been re+eived thou!h the sme hs
been re*uired of the person hvin! +ustody thereof t lest fifteen dys prior to
the dte of the ppli+tion, su+h prty my furnish in lieu thereof his +urrent
residen+e +ertifi+te or n instrument drwn up nd sworn to before the lo+l +ivil
re!istrr +on+erned or ny publi+ offi+il uthori3ed to dminister oths. @u+h
instrument shll +ontin the sworn de+lrtion of two witnesses of lwful !e,
settin! forth the full nme, residen+e nd +iti3enship of su+h +ontr+tin! prty
nd of his or her prents, if 5nown, nd the pl+e nd dte of birth of su+h prty.
$he nerest of 5in of the +ontr+tin! prties shll be preferred s witnesses, or, in
their defult, persons of !ood reputtion in the provin+e or the lo+lity.
$he presenttion of birth or bptisml +ertifi+te shll not be re*uired if the
prents of the +ontr+tin! prties pper personlly before the lo+l +ivil re!istrr
+on+erned nd swer to the +orre+tness of the lwful !e of sid prties, s
stted in the ppli+tion, or when the lo+l +ivil re!istrr shll, by merely loo5in!
t the ppli+nts upon their personlly pperin! before him, be +onvin+ed tht
either or both of them hve the re*uired !e. .9<1
Art. )4. In +se either of the +ontr+tin! prties hs been previously mrried, the
ppli+nt shll be re*uired to furnish, insted of the birth or bptisml +ertifi+te
re*uired in the lst pre+edin! rti+le, the deth +ertifi+te of the de+esed
spouse or the ,udi+il de+ree of the bsolute divor+e, or the ,udi+il de+ree of
nnulment or de+lrtion of nullity of his or her previous mrri!e.
In +se the deth +ertifi+te +nnot be se+ured, the prty shll m5e n ffidvit
settin! forth this +ir+umstn+e nd his or her +tul +ivil sttus nd the nme nd
dte of deth of the de+esed spouse. .9)1
Art. )6. In +se either or both of the +ontr+tin! prties, not hvin! been
emn+ipted by previous mrri!e, re between the !es of ei!hteen nd
twenty;one, they shll, in ddition to the re*uirements of the pre+edin! rti+les,
e-hibit to the lo+l +ivil re!istrr, the +onsent to their mrri!e of their fther,
mother, survivin! prent or !urdin, or persons hvin! le!l +hr!e of them, in
the order mentioned. @u+h +onsent shll be mnifested in writin! by the
interested prty, who personlly ppers before the proper lo+l +ivil re!istrr, or
in the form of n ffidvit mde in the presen+e of two witnesses nd ttested
before ny offi+il uthori3ed by lw to dminister oths. $he personl
mnifesttion shll be re+orded in both ppli+tions for mrri!e li+ense, nd the
ffidvit, if one is e-e+uted insted, shll be tt+hed to sid ppli+tions. .9)1
Art. )/. Any +ontr+tin! prty between the !e of twenty;one nd twenty;five
shll be obli!ed to s5 their prents or !urdin for dvi+e upon the intended
mrri!e. If they do not obtin su+h dvi+e, or if it be unfvorble, the mrri!e
li+ense shll not be issued till fter three months followin! the +ompletion of the
publi+tion of the ppli+tion therefor. A sworn sttement by the +ontr+tin!
prties to the effe+t tht su+h dvi+e hs been sou!ht, to!ether with the written
dvi+e !iven, if ny, shll be tt+hed to the ppli+tion for mrri!e li+ense.
@hould the prents or !urdin refuse to !ive ny dvi+e, this f+t shll be stted
in the sworn sttement. .901
Art. )9. In the +ses where prentl +onsent or prentl dvi+e is needed, the
prty or prties +on+erned shll, in ddition to the re*uirements of the pre+edin!
rti+les, tt+h +ertifi+te issued by priest, imm or minister uthori3ed to
solemni3e mrri!e under Arti+le 7 of this Code or mrri!e +ounselor duly
++redited by the proper !overnment !en+y to the effe+t tht the +ontr+tin!
prties hve under!one mrri!e +ounselin!. "ilure to tt+h sid +ertifi+tes of
mrri!e +ounselin! shll suspend the issun+e of the mrri!e li+ense for
period of three months from the +ompletion of the publi+tion of the ppli+tion.
Issun+e of the mrri!e li+ense within the prohibited period shll sub,e+t the
issuin! offi+er to dministrtive sn+tions but shll not ffe+t the vlidity of the
mrri!e.
@hould only one of the +ontr+tin! prties need prentl +onsent or prentl
dvi+e, the other prty must be present t the +ounselin! referred to in the
pre+edin! pr!rph. .n1
Art. )7. $he lo+l +ivil re!istrr shll prepre noti+e whi+h shll +ontin the full
nmes nd residen+es of the ppli+nts for mrri!e li+ense nd other dt
!iven in the ppli+tions. $he noti+e shll be posted for ten +onse+utive dys on
bulletin bord outside the offi+e of the lo+l +ivil re!istrr lo+ted in
+onspi+uous pl+e within the buildin! nd ++essible to the !enerl publi+. $his
noti+e shll re*uest ll persons hvin! 5nowled!e of ny impediment to the
mrri!e to dvise the lo+l +ivil re!istrr thereof. $he mrri!e li+ense shll be
issued fter the +ompletion of the period of publi+tion. .941
Art. )8. In +se of ny impediment 5nown to the lo+l +ivil re!istrr or brou!ht to
his ttention, he shll note down the prti+ulrs thereof nd his findin!s thereon
in the ppli+tion for mrri!e li+ense, but shll nonetheless issue sid li+ense
fter the +ompletion of the period of publi+tion, unless ordered otherwise by
+ompetent +ourt t his own instn+e or tht of ny interest prty. No filin! fee
shll be +hr!ed for the petition nor +orrespondin! bond re*uired for the
issun+es of the order. .961
Art. )=. $he lo+l +ivil re!istrr shll re*uire the pyment of the fees pres+ribed
by lw or re!ultions before the issun+e of the mrri!e li+ense. No other sum
shll be +olle+ted in the nture of fee or t- of ny 5ind for the issun+e of sid
li+ense. It shll, however, be issued free of +hr!e to indi!ent prties, tht is
those who hve no visible mens of in+ome or whose in+ome is insuffi+ient for
their subsisten+e f+t estblished by their ffidvit, or by their oth before the
lo+l +ivil re!istrr. .9/1+hn robles virtul lw librry
Art. 0<. $he li+ense shll be vlid in ny prt of the Philippines for period of one
hundred twenty dys from the dte of issue, nd shll be deemed utomti+lly
+n+eled t the e-pirtion of the sid period if the +ontr+tin! prties hve not
mde use of it. $he e-piry dte shll be stmped in bold +hr+ters on the f+e of
every li+ense issued. .9/1
Art. 0). >hen either or both of the +ontr+tin! prties re +iti3ens of forei!n
+ountry, it shll be ne+essry for them before mrri!e li+ense +n be obtined,
to submit +ertifi+te of le!l +p+ity to +ontr+t mrri!e, issued by their
respe+tive diplomti+ or +onsulr offi+ils.
@tteless persons or refu!ees from other +ountries shll, in lieu of the +ertifi+te
of le!l +p+ity herein re*uired, submit n ffidvit sttin! the +ir+umstn+es
showin! su+h +p+ity to +ontr+t mrri!e. .991
Art. 00. $he mrri!e +ertifi+te, in whi+h the prties shll de+lre tht they t5e
e+h other s husbnd nd wife, shll lso stte#
.)1 $he full nme, se- nd !e of e+h +ontr+tin! prty2
.01 $heir +iti3enship, reli!ion nd hbitul residen+e2
.41 $he dte nd pre+ise time of the +elebrtion of the mrri!e2
.61 $ht the proper mrri!e li+ense hs been issued ++ordin! to lw,
e-+ept in mrri!e provided for in Chpter 0 of this $itle2
./1 $ht either or both of the +ontr+tin! prties hve se+ured the prentl
+onsent in pproprite +ses2
.91 $ht either or both of the +ontr+tin! prties hve +omplied with the
le!l re*uirement re!rdin! prentl dvi+e in pproprite +ses2 nd
.71 $ht the prties hve entered into mrri!e settlement, if ny, tt+hin!
+opy thereof. .971
Art. 04. It shll be the duty of the person solemni3in! the mrri!e to furnish
either of the +ontr+tin! prties the ori!inl of the mrri!e +ertifi+te referred to
in Arti+le 9 nd to send the dupli+te nd tripli+te +opies of the +ertifi+te not
lter thn fifteen dys fter the mrri!e, to the lo+l +ivil re!istrr of the pl+e
where the mrri!e ws solemni3ed. Proper re+eipts shll be issued by the lo+l
+ivil re!istrr to the solemni3in! offi+er trnsmittin! +opies of the mrri!e
+ertifi+te. $he solemni3in! offi+er shll retin in his file the *udrupli+te +opy of
the mrri!e +ertifi+te, the +opy of the mrri!e +ertifi+te, the ori!inl of the
mrri!e li+ense nd, in proper +ses, the ffidvit of the +ontr+tin! prty
re!rdin! the solemni3tion of the mrri!e in pl+e other thn those mentioned
in Arti+le 8. .981
Art. 06. It shll be the duty of the lo+l +ivil re!istrr to prepre the do+uments
re*uired by this $itle, nd to dminister oths to ll interested prties without ny
+hr!e in both +ses. $he do+uments nd ffidvits filed in +onne+tion with
ppli+tions for mrri!e li+enses shll be e-empt from do+umentry stmp
t-. .n1
Art. 0/. $he lo+l +ivil re!istrr +on+erned shll enter ll ppli+tions for mrri!e
li+enses filed with him in re!istry boo5 stri+tly in the order in whi+h the sme
re re+eived. Ae shll re+ord in sid boo5 the nmes of the ppli+nts, the dte
on whi+h the mrri!e li+ense ws issued, nd su+h other dt s my be
ne+essry. .n1
Art. 09. All mrri!es solemni3ed outside the Philippines, in ++ordn+e with the
lws in for+e in the +ountry where they were solemni3ed, nd vlid there s su+h,
shll lso be vlid in this +ountry, e-+ept those prohibited under Arti+les 4/ .)1,
.61, ./1 nd .91, 4947 nd 48. .)71
>here mrri!e between "ilipino +iti3en nd forei!ner is vlidly +elebrted
nd divor+e is therefter vlidly obtined brod by the lien spouse
+p+ittin! him or her to remrry, the "ilipino spouse shll hve +p+ity to
remrry under Philippine lw. .As mended by &-e+utive Order 0071

Chpter 0. 'rri!es &-empted from %i+ense Re*uirement

Art. 07. In +se either or both of the +ontr+tin! prties re t the point of deth,
the mrri!e my be solemni3ed without ne+essity of mrri!e li+ense nd
shll remin vlid even if the ilin! prty subse*uently survives. .701
Art. 08. If the residen+e of either prty is so lo+ted tht there is no mens of
trnsporttion to enble su+h prty to pper personlly before the lo+l +ivil
re!istrr, the mrri!e my be solemni3ed without ne+essity of mrri!e
li+ense. .701
Art. 0=. In the +ses provided for in the two pre+edin! rti+les, the solemni3in!
offi+er shll stte in n ffidvit e-e+uted before the lo+l +ivil re!istrr or ny
other person le!lly uthori3ed to dminister oths tht the mrri!e ws
performed in articulo mortis or tht the residen+e of either prty, spe+ifyin! the
brrio or brn!y, is so lo+ted tht there is no mens of trnsporttion to
enble su+h prty to pper personlly before the lo+l +ivil re!istrr nd tht the
offi+er too5 the ne+essry steps to s+ertin the !es nd reltionship of the
+ontr+tin! prties nd the bsen+e of le!l impediment to the mrri!e. .701
Art. 4<. $he ori!inl of the ffidvit re*uired in the lst pre+edin! rti+le, to!ether
with the le!ible +opy of the mrri!e +ontr+t, shll be sent by the person
solemni3in! the mrri!e to the lo+l +ivil re!istrr of the muni+iplity where it
ws performed within the period of thirty dys fter the performn+e of the
mrri!e. .7/1
Art. 4). A mrri!e in rti+ulo mortis between pssen!ers or +rew members my
lso be solemni3ed by ship +ptin or by n irplne pilot not only while the
ship is t se or the plne is in fli!ht, but lso durin! stopovers t ports of
+ll. .761
Art. 40. A militry +ommnder of unit, who is +ommissioned offi+er, shll
li5ewise hve uthority to solemni3e mrri!es in rti+ulo mortis between
persons within the 3one of militry opertion, whether members of the rmed
for+es or +ivilins. .761
Art. 44. 'rri!es mon! 'uslims or mon! members of the ethni+ +ulturl
+ommunities my be performed vlidly without the ne+essity of mrri!e li+ense,
provided they re solemni3ed in ++ordn+e with their +ustoms, rites or
pr+ti+es. .781
Art. 46. No li+ense shll be ne+essry for the mrri!e of mn nd womn
who hve lived to!ether s husbnd nd wife for t lest five yers nd without
ny le!l impediment to mrry e+h other. $he +ontr+tin! prties shll stte the
fore!oin! f+ts in n ffidvit before ny person uthori3ed by lw to dminister
oths. $he solemni3in! offi+er shll lso stte under oth tht he s+ertined the
*ulifi+tions of the +ontr+tin! prties re found no le!l impediment to the
mrri!e. .791

Chpter 4. Boid nd Boidble 'rri!es

Art. 4/. $he followin! mrri!es shll be void from the be!innin!#
.)1 $hose +ontr+ted by ny prty below ei!hteen yers of !e even with
the +onsent of prents or !urdins2
.01 $hose solemni3ed by ny person not le!lly uthori3ed to perform
mrri!es unless su+h mrri!es were +ontr+ted with either or both
prties believin! in !ood fith tht the solemni3in! offi+er hd the le!l
uthority to do so2
.41 $hose solemni3ed without li+ense, e-+ept those +overed the pre+edin!
Chpter2
.61 $hose bi!mous or poly!mous mrri!es not filin! under Arti+le 6)2
./1 $hose +ontr+ted throu!h mist5e of one +ontr+tin! prty s to the
identity of the other2 nd
.91 $hose subse*uent mrri!es tht re void under Arti+le /4.
Art. 49. A mrri!e +ontr+ted by ny prty who, t the time of the +elebrtion,
ws psy+holo!i+lly in+p+itted to +omply with the essentil mritl obli!tions
of mrri!e, shll li5ewise be void even if su+h in+p+ity be+omes mnifest only
fter its solemni3tion. .As mended by &-e+utive Order 0071
Art. 47. 'rri!es between the followin! re in+estuous nd void from the
be!innin!, whether reltionship between the prties be le!itimte or ille!itimte#
.)1 Cetween s+endnts nd des+endnts of ny de!ree2 nd
.01 Cetween brothers nd sisters, whether of the full or hlf blood. .8)1
Art. 48. $he followin! mrri!es shll be void from the be!innin! for resons of
publi+ poli+y#
.)1 Cetween +ollterl blood reltives whether le!itimte or ille!itimte, up
to the fourth +ivil de!ree2
.01 Cetween step;prents nd step;+hildren2
.41 Cetween prents;in;lw nd +hildren;in;lw2
.61 Cetween the doptin! prent nd the dopted +hild2
./1 Cetween the survivin! spouse of the doptin! prent nd the dopted
+hild2
.91 Cetween the survivin! spouse of the dopted +hild nd the dopter2
.71 Cetween n dopted +hild nd le!itimte +hild of the dopter2
.81 Cetween dopted +hildren of the sme dopter2 nd
.=1 Cetween prties where one, with the intention to mrry the other, 5illed
tht other person:s spouse, or his or her own spouse. .801
Art. 4=. $he +tion or defense for the de+lrtion of bsolute nullity of mrri!e
shll not pres+ribe. .As mended by &-e+utive Order 007 nd Republi+ A+t No. 8/442 $he phrse "However, in case of
marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after
this Code shall taken effect" hs been deleted by Republi+ A+t No. 8/44 DApproved "ebrury 04, )==8E1.
Art. 6<. $he bsolute nullity of previous mrri!e my be invo5ed for purposes
of remrri!e on the bsis solely of finl ,ud!ment de+lrin! su+h previous
mrri!e void. .n1
Art. 6). A mrri!e +ontr+ted by ny person durin! subsisten+e of previous
mrri!e shll be null nd void, unless before the +elebrtion of the subse*uent
mrri!e, the prior spouse hd been bsent for four +onse+utive yers nd the
spouse present hs well;founded belief tht the bsent spouse ws lredy
ded. In +se of disppern+e where there is dn!er of deth under the
+ir+umstn+es set forth in the provisions of Arti+le 4=) of the Civil Code, n
bsen+e of only two yers shll be suffi+ient.
"or the purpose of +ontr+tin! the subse*uent mrri!e under the pre+edin!
pr!rph the spouse present must institute summry pro+eedin! s provided
in this Code for the de+lrtion of presumptive deth of the bsentee, without
pre,udi+e to the effe+t of reppern+e of the bsent spouse. .841
Art. 60. $he subse*uent mrri!e referred to in the pre+edin! Arti+le shll be
utomti+lly terminted by the re+ordin! of the ffidvit of reppern+e of the
bsent spouse, unless there is ,ud!ment nnullin! the previous mrri!e or
de+lrin! it void ab initio.
A sworn sttement of the f+t nd +ir+umstn+es of reppern+e shll be
re+orded in the +ivil re!istry of the residen+e of the prties to the subse*uent
mrri!e t the instn+e of ny interested person, with due noti+e to the spouses
of the subse*uent mrri!e nd without pre,udi+e to the f+t of reppern+e
bein! ,udi+illy determined in +se su+h f+t is disputed. .n1
Art. 64. $he termintion of the subse*uent mrri!e referred to in the pre+edin!
Arti+le shll produ+e the followin! effe+ts#
.)1 $he +hildren of the subse*uent mrri!e +on+eived prior to its
termintion shll be +onsidered le!itimte2
.01 $he bsolute +ommunity of property or the +on,u!l prtnership, s the
+se my be, shll be dissolved nd li*uidted, but if either spouse
+ontr+ted sid mrri!e in bd fith, his or her shre of the net profits of
the +ommunity property or +on,u!l prtnership property shll be forfeited
in fvor of the +ommon +hildren or, if there re none, the +hildren of the
!uilty spouse by previous mrri!e or in defult of +hildren, the inno+ent
spouse2
.41 ?ontions by reson of mrri!e shll remin vlid, e-+ept tht if the
donee +ontr+ted the mrri!e in bd fith, su+h dontions mde to sid
donee re revo5ed by opertion of lw2
.61 $he inno+ent spouse my revo5e the desi!ntion of the other spouse
who +ted in bd fith s benefi+iry in ny insurn+e poli+y, even if su+h
desi!ntion be stipulted s irrevo+ble2 nd
./1 $he spouse who +ontr+ted the subse*uent mrri!e in bd fith shll
be dis*ulified to inherit from the inno+ent spouse by testte nd intestte
su++ession. .n1
Art. 66. If both spouses of the subse*uent mrri!e +ted in bd fith, sid
mrri!e shll be void ab initio nd ll dontions by reson of mrri!e nd
testmentry dispositions mde by one in fvor of the other re revo5ed by
opertion of lw. .n1
Art. 6/. A mrri!e my be nnulled for ny of the followin! +uses, e-istin! t
the time of the mrri!e#
.)1 $ht the prty in whose behlf it is sou!ht to hve the mrri!e
nnulled ws ei!hteen yers of !e or over but below twenty;one, nd the
mrri!e ws solemni3ed without the +onsent of the prents, !urdin or
person hvin! substitute prentl uthority over the prty, in tht order,
unless fter ttinin! the !e of twenty;one, su+h prty freely +ohbited
with the other nd both lived to!ether s husbnd nd wife2
.01 $ht either prty ws of unsound mind, unless su+h prty fter +omin!
to reson, freely +ohbited with the other s husbnd nd wife2
.41 $ht the +onsent of either prty ws obtined by frud, unless su+h
prty fterwrds, with full 5nowled!e of the f+ts +onstitutin! the frud,
freely +ohbited with the other s husbnd nd wife2
.61 $ht the +onsent of either prty ws obtined by for+e, intimidtion or
undue influen+e, unless the sme hvin! disppered or +esed, su+h prty
therefter freely +ohbited with the other s husbnd nd wife2
./1 $ht either prty ws physi+lly in+pble of +onsummtin! the
mrri!e with the other, nd su+h in+p+ity +ontinues nd ppers to be
in+urble2 or
.91 $ht either prty ws ffli+ted with se-ully;trnsmissible disese
found to be serious nd ppers to be in+urble. .8/1
Art. 69. Any of the followin! +ir+umstn+es shll +onstitute frud referred to in
Number 4 of the pre+edin! Arti+le#
.)1 Non;dis+losure of previous +onvi+tion by finl ,ud!ment of the other
prty of +rime involvin! morl turpitude2
.01 Con+elment by the wife of the f+t tht t the time of the mrri!e,
she ws pre!nnt by mn other thn her husbnd2
.41 Con+elment of se-ully trnsmissible disese, re!rdless of its nture,
e-istin! t the time of the mrri!e2 or
.61 Con+elment of dru! ddi+tion, hbitul l+oholism or homose-ulity or
lesbinism e-istin! t the time of the mrri!e.
No other misrepresenttion or de+eit s to +hr+ter, helth, rn5, fortune or
+hstity shll +onstitute su+h frud s will !ive !rounds for +tion for the
nnulment of mrri!e. .891
Art. 67. $he +tion for nnulment of mrri!e must be filed by the followin!
persons nd within the periods indi+ted herein#
.)1 "or +uses mentioned in number ) of Arti+le 6/ by the prty whose
prent or !urdin did not !ive his or her +onsent, within five yers fter
ttinin! the !e of twenty;one, or by the prent or !urdin or person
hvin! le!l +hr!e of the minor, t ny time before su+h prty hs re+hed
the !e of twenty;one2
.01 "or +uses mentioned in number 0 of Arti+le 6/, by the sme spouse,
who hd no 5nowled!e of the other:s insnity2 or by ny reltive or
!urdin or person hvin! le!l +hr!e of the insne, t ny time before
the deth of either prty, or by the insne spouse durin! lu+id intervl or
fter re!inin! snity2
.41 "or +uses mentioned in number 4 of Arti+le 6/, by the in,ured prty,
within five yers fter the dis+overy of the frud2
.61 "or +uses mentioned in number 6 of Arti+le 6/, by the in,ured prty,
within five yers from the time the for+e, intimidtion or undue influen+e
disppered or +esed2
./1 "or +uses mentioned in number / nd 9 of Arti+le 6/, by the in,ured
prty, within five yers fter the mrri!e. .871
Art. 68. In ll +ses of nnulment or de+lrtion of bsolute nullity of mrri!e,
the Court shll order the prose+utin! ttorney or fis+l ssi!ned to it to pper on
behlf of the @tte to t5e steps to prevent +ollusion between the prties nd to
t5e +re tht eviden+e is not fbri+ted or suppressed.
In the +ses referred to in the pre+edin! pr!rph, no ,ud!ment shll be bsed
upon stipultion of f+ts or +onfession of ,ud!ment. .881
Art. 6=. ?urin! the penden+y of the +tion nd in the bsen+e of de*ute
provisions in written !reement between the spouses, the Court shll provide
for the support of the spouses nd the +ustody nd support of their +ommon
+hildren. $he Court shll !ive prmount +onsidertion to the morl nd mteril
welfre of sid +hildren nd their +hoi+e of the prent with whom they wish to
remin s provided to in $itle IF. It shll lso provide for pproprite visittion
ri!hts of the other prent. .n1
Art. /<. $he effe+ts provided for by pr!rphs .01, .41, .61 nd ./1 of Arti+le 64
nd by Arti+le 66 shll lso pply in the proper +ses to mrri!es whi+h re
de+lred b initio or nnulled by finl ,ud!ment under Arti+les 6< nd 6/.
$he finl ,ud!ment in su+h +ses shll provide for the li*uidtion, prtition nd
distribution of the properties of the spouses, the +ustody nd support of the
+ommon +hildren, nd the delivery of third presumptive le!itimes, unless su+h
mtters hd been d,udi+ted in previous ,udi+il pro+eedin!s.
All +reditors of the spouses s well s of the bsolute +ommunity or the +on,u!l
prtnership shll be notified of the pro+eedin!s for li*uidtion.
In the prtition, the +on,u!l dwellin! nd the lot on whi+h it is situted, shll be
d,udi+ted in ++ordn+e with the provisions of Arti+les )<0 nd )0=.
Art. /). In sid prtition, the vlue of the presumptive le!itimes of ll +ommon
+hildren, +omputed s of the dte of the finl ,ud!ment of the tril +ourt, shll be
delivered in +sh, property or sound se+urities, unless the prties, by mutul
!reement ,udi+illy pproved, hd lredy provided for su+h mtters.
$he +hildren or their !urdin or the trustee of their property my s5 for the
enfor+ement of the ,ud!ment.
$he delivery of the presumptive le!itimes herein pres+ribed shll in no wy
pre,udi+e the ultimte su++essionl ri!hts of the +hildren ++ruin! upon the deth
of either of both of the prents2 but the vlue of the properties lredy re+eived
under the de+ree of nnulment or bsolute nullity shll be +onsidered s
dvn+es on their le!itime. .n1
Art. /0. $he ,ud!ment of nnulment or of bsolute nullity of the mrri!e, the
prtition nd distribution of the properties of the spouses nd the delivery of the
+hildren:s presumptive le!itimes shll be re+orded in the pproprite +ivil re!istry
nd re!istries of property2 otherwise, the sme shll not ffe+t third persons. .n1
Art. /4. &ither of the former spouses my mrry !in fter +omplin+e with the
re*uirements of the immeditely pre+edin! Arti+le2 otherwise, the subse*uent
mrri!e shll be null nd void.+hn robles virtul lw librry
Art. /6. Children +on+eived or born before the ,ud!ment of nnulment or bsolute
nullity of the mrri!e under Arti+le 49 hs be+ome finl nd e-e+utory shll be
+onsidered le!itimte. Children +on+eived or born of the subse*uent mrri!e
under Arti+le /4 shll li5ewise be le!itimte.

$I$%& II

%&(A% @&PARA$ION

Art. //. A petition for le!l seprtion my be filed on ny of the followin!
!rounds#
.)1 Repeted physi+l violen+e or !rossly busive +ondu+t dire+ted !inst
the petitioner, +ommon +hild, or +hild of the petitioner2
.01 Physi+l violen+e or morl pressure to +ompel the petitioner to +hn!e
reli!ious or politi+l ffilition2
.41 Attempt of respondent to +orrupt or indu+e the petitioner, +ommon
+hild, or +hild of the petitioner, to en!!e in prostitution, or +onnivn+e in
su+h +orruption or indu+ement2
.61 "inl ,ud!ment senten+in! the respondent to imprisonment of more thn
si- yers, even if prdoned2
./1 ?ru! ddi+tion or hbitul l+oholism of the respondent2
.91 %esbinism or homose-ulity of the respondent2
.71 Contr+tin! by the respondent of subse*uent bi!mous mrri!e,
whether in the Philippines or brod2
.81 @e-ul infidelity or perversion2
.=1 Attempt by the respondent !inst the life of the petitioner2 or
.)<1 Abndonment of petitioner by respondent without ,ustifible +use for
more thn one yer.
"or purposes of this Arti+le, the term "child" shll in+lude +hild by nture or by
doption. .=1
Art. /9. $he petition for le!l seprtion shll be denied on ny of the followin!
!rounds#
.)1 >here the !!rieved prty hs +ondoned the offense or +t +omplined
of2
.01 >here the !!rieved prty hs +onsented to the +ommission of the
offense or +t +omplined of2
.41 >here there is +onnivn+e between the prties in the +ommission of the
offense or +t +onstitutin! the !round for le!l seprtion2
.61 >here both prties hve !iven !round for le!l seprtion2
./1 >here there is +ollusion between the prties to obtin de+ree of le!l
seprtion2 or
.91 >here the +tion is brred by pres+ription. .)<<1
Art. /7. An +tion for le!l seprtion shll be filed within five yers from the time
of the o++urren+e of the +use. .)<01
Art. /8. An +tion for le!l seprtion shll in no +se be tried before si- months
shll hve elpsed sin+e the filin! of the petition. .)<41
Art. /=. No le!l seprtion my be de+reed unless the Court hs t5en steps
towrd the re+on+ilition of the spouses nd is fully stisfied, despite su+h efforts,
tht re+on+ilition is hi!hly improbble. .n1
Art. 9<. No de+ree of le!l seprtion shll be bsed upon stipultion of f+ts or
+onfession of ,ud!ment.
In ny +se, the Court shll order the prose+utin! ttorney or fis+l ssi!ned to it
to t5e steps to prevent +ollusion between the prties nd to t5e +re tht the
eviden+e is not fbri+ted or suppressed. .)<)1
Art. 9). After the filin! of the petition for le!l seprtion, the spouses shll be
entitled to live seprtely from e+h other.
$he +ourt, in the bsen+e of written !reement between the spouses, shll
desi!nte either of them or third person to dminister the bsolute +ommunity
or +on,u!l prtnership property. $he dministrtor ppointed by the +ourt shll
hve the sme powers nd duties s those of !urdin under the Rules of
Court. .)<61
Art. 90. ?urin! the penden+y of the +tion for le!l seprtion, the provisions of
Arti+le 6= shll li5ewise pply to the support of the spouses nd the +ustody nd
support of the +ommon +hildren. .)</1
Art. 94. $he de+ree of le!l seprtion shll hve the followin! effe+ts#
.)1 $he spouses shll be entitled to live seprtely from e+h other, but the
mrri!e bonds shll not be severed2
.01 $he bsolute +ommunity or the +on,u!l prtnership shll be dissolved
nd li*uidted but the offendin! spouse shll hve no ri!ht to ny shre of
the net profits erned by the bsolute +ommunity or the +on,u!l
prtnership, whi+h shll be forfeited in ++ordn+e with the provisions of
Arti+le 64.012
.41 $he +ustody of the minor +hildren shll be wrded to the inno+ent
spouse, sub,e+t to the provisions of Arti+le 0)4 of this Code2 nd
.61 $he offendin! spouse shll be dis*ulified from inheritin! from the
inno+ent spouse by intestte su++ession. 'oreover, provisions in fvor of
the offendin! spouse mde in the will of the inno+ent spouse shll be
revo5ed by opertion of lw. .)<91
Art. 96. After the finlity of the de+ree of le!l seprtion, the inno+ent spouse
my revo5e the dontions mde by him or by her in fvor of the offendin!
spouse, s well s the desi!ntion of the ltter s benefi+iry in ny insurn+e
poli+y, even if su+h desi!ntion be stipulted s irrevo+ble. $he revo+tion of
the dontions shll be re+orded in the re!istries of property in the pl+es where
the properties re lo+ted. Alientions, liens nd en+umbrn+es re!istered in
!ood fith before the re+ordin! of the +omplint for revo+tion in the re!istries of
property shll be respe+ted. $he revo+tion of or +hn!e in the desi!ntion of the
insurn+e benefi+iry shll t5e effe+t upon written notifi+tion thereof to the
insured.
$he +tion to revo5e the dontion under this Arti+le must be brou!ht within five
yers from the time the de+ree of le!l seprtion be+ome finl. .)<71
Art. 9/. If the spouses should re+on+ile, +orrespondin! ,oint mnifesttion under
oth duly si!ned by them shll be filed with the +ourt in the sme pro+eedin! for
le!l seprtion. .n1
Art. 99. $he re+on+ilition referred to in the pre+edin! Arti+les shll hve the
followin! +onse*uen+es#
.)1 $he le!l seprtion pro+eedin!s, if still pendin!, shll thereby be
terminted t whtever st!e2 nd
.01 $he finl de+ree of le!l seprtion shll be set side, but the
seprtion of property nd ny forfeiture of the shre of the !uilty spouse
lredy effe+ted shll subsist, unless the spouses !ree to revive their
former property re!ime.
$he +ourt:s order +ontinin! the fore!oin! shll be re+orded in the proper +ivil
re!istries. .)<81
Art. 97. $he !reement to revive the former property re!ime referred to in the
pre+edin! Arti+le shll be e-e+uted under oth nd shll spe+ify#
.)1 $he properties to be +ontributed new to the restored re!ime2
.01 $hose to be retined s seprted properties of e+h spouse2 nd
.41 $he nmes of ll their 5nown +reditors, their ddresses nd the mounts
owin! to e+h.
$he !reement of revivl nd the motion for its pprovl shll be filed with the
+ourt in the sme pro+eedin! for le!l seprtion, with +opies of both furnished
to the +reditors nmed therein. After due herin!, the +ourt shll, in its order,
t5e mesure to prote+t the interest of +reditors nd su+h order shll be re+orded
in the proper re!istries of properties.
$he re+ordin! of the orderin! in the re!istries of property shll not pre,udi+e ny
+reditor not listed or not notified, unless the debtor;spouse hs suffi+ient seprte
properties to stisfy the +reditor:s +lim. .)=/, )<81

$I$%& III

RI(A$@ AN? OC%I(A$ION@ C&$>&&N AU@CAN? AN? >I"&
Art. 98. $he husbnd nd wife re obli!ed to live to!ether, observe mutul love,
respe+t nd fidelity, nd render mutul help nd support. .)<=1
Art. 9=. $he husbnd nd wife shll fi- the fmily domi+ile. In +se of
dis!reement, the +ourt shll de+ide.
$he +ourt my e-empt one spouse from livin! with the other if the ltter should
live brod or there re other vlid nd +ompellin! resons for the e-emption.
Aowever, su+h e-emption shll not pply if the sme is not +omptible with the
solidrity of the fmily. .))<1
Art. 7<. $he spouses re ,ointly responsible for the support of the fmily. $he
e-penses for su+h support nd other +on,u!l obli!tions shll be pid from the
+ommunity property nd, in the bsen+e thereof, from the in+ome or fruits of
their seprte properties. In +se of insuffi+ien+y or bsen+e of sid in+ome or
fruits, su+h obli!tions shll be stisfied from the seprte properties. .)))1
Art. 7). $he mn!ement of the household shll be the ri!ht nd the duty of both
spouses. $he e-penses for su+h mn!ement shll be pid in ++ordn+e with
the provisions of Arti+le 7<. .))/1
Art. 70. >hen one of the spouses ne!le+ts his or her duties to the +on,u!l union
or +ommits +ts whi+h tend to brin! dn!er, dishonor or in,ury to the other or to
the fmily, the !!rieved prty my pply to the +ourt for relief. .))91
Art. 74. &ither spouse my e-er+ise ny le!itimte profession, o++uption,
business or +tivity without the +onsent of the other. $he ltter my ob,e+t only
on vlid, serious, nd morl !rounds.
In +se of dis!reement, the +ourt shll de+ide whether or not#
.)1 $he ob,e+tion is proper2 nd
.01 Cenefit hs o++urred to the fmily prior to the ob,e+tion or therefter. If
the benefit ++rued prior to the ob,e+tion, the resultin! obli!tion shll be
enfor+ed !inst the seprte property of the spouse who hs not obtined
+onsent.
$he fore!oin! provisions shll not pre,udi+e the ri!hts of +reditors who +ted in
!ood fith. .))71

$I$%& IB

PROP&R$G R&%A$ION@ C&$>&&N AU@CAN? AN? >I"&

Chpter ). (enerl Provisions

Art. 76. $he property reltionship between husbnd nd wife shll be !overned in
the followin! order#
.)1 Cy mrri!e settlements e-e+uted before the mrri!e2
.01 Cy the provisions of this Code2 nd
.41 Cy the lo+l +ustom. .))81
Art. 7/. $he future spouses my, in the mrri!e settlements, !ree upon the
re!ime of bsolute +ommunity, +on,u!l prtnership of !ins, +omplete
seprtion of property, or ny other re!ime. In the bsen+e of mrri!e
settlement, or when the re!ime !reed upon is void, the system of bsolute
+ommunity of property s estblished in this Code shll !overn. .))=1
Art. 79. In order tht ny modifi+tion in the mrri!e settlements my be vlid,
it must be mde before the +elebrtion of the mrri!e, sub,e+t to the provisions
of Arti+les 99, 97, )08, )4/ nd )49. .)0)1
Art. 77. $he mrri!e settlements nd ny modifi+tion thereof shll be in
writin!, si!ned by the prties nd e-e+uted before the +elebrtion of the
mrri!e. $hey shll not pre,udi+e third persons unless they re re!istered in the
lo+l +ivil re!istry where the mrri!e +ontr+t is re+orded s well s in the
proper re!istries of properties. .)001
Art. 78. A minor who ++ordin! to lw my +ontr+t mrri!e my lso e-e+ute
his or her mrri!e settlements, but they shll be vlid only if the persons
desi!nted in Arti+le )6 to !ive +onsent to the mrri!e re mde prties to the
!reement, sub,e+t to the provisions of $itle IF of this Code. .)0<1
Art. 7=. "or the vlidity of ny mrri!e settlement e-e+uted by person upon
whom senten+e of +ivil interdi+tion hs been pronoun+ed or who is sub,e+t to
ny other disbility, it shll be indispensble for the !urdin ppointed by
+ompetent +ourt to be mde prty thereto. .)041
Art. 8<. In the bsen+e of +ontrry stipultion in mrri!e settlement, the
property reltions of the spouses shll be !overned by Philippine lws, re!rdless
of the pl+e of the +elebrtion of the mrri!e nd their residen+e.
$his rule shll not pply#
.)1 >here both spouses re liens2
.01 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts ffe+tin! property not
situted in the Philippines nd e-e+uted in the +ountry where the property
is lo+ted2 nd
.41 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts entered into in the
Philippines but ffe+tin! property situted in forei!n +ountry whose lws
re*uire different formlities for its e-trinsi+ vlidity. .)061
Art. 8). &verythin! stipulted in the settlements or +ontr+ts referred to in the
pre+edin! rti+les in +onsidertion of future mrri!e, in+ludin! dontions
between the prospe+tive spouses mde therein, shll be rendered void if the
mrri!e does not t5e pl+e. Aowever, stipultions tht do not depend upon the
+elebrtion of the mrri!es shll be vlid. .)0/1

Chpter 0. ?ontions by Reson of 'rri!e

Art. 80. ?ontions by reson of mrri!e re those whi+h re mde before its
+elebrtion, in +onsidertion of the sme, nd in fvor of one or both of the future
spouses. .)091
Art. 84. $hese dontions re !overned by the rules on ordinry dontions
estblished in $itle III of Coo5 III of the Civil Code, insofr s they re not modified
by the followin! rti+les. .)071
Art. 86. If the future spouses !ree upon re!ime other thn the bsolute
+ommunity of property, they +nnot donte to e+h other in their mrri!e
settlements more thn one;fifth of their present property. Any e-+ess shll be
+onsidered void.
?ontions of future property shll be !overned by the provisions on testmentry
su++ession nd the formlities of wills. .)4<1
Art. 8/. ?ontions by reson of mrri!e of property sub,e+t to en+umbrn+es
shll be vlid. In +se of fore+losure of the en+umbrn+e nd the property is sold
for less thn the totl mount of the obli!tion se+ured, the donee shll not be
lible for the defi+ien+y. If the property is sold for more thn the totl mount of
sid obli!tion, the donee shll be entitled to the e-+ess. .)4)1
Art. 89. A dontion by reson of mrri!e my be revo5ed by the donor in the
followin! +ses#
.)1 If the mrri!e is not +elebrted or ,udi+illy de+lred void b initio
e-+ept dontions mde in the mrri!e settlements, whi+h shll be
!overned by Arti+le 8)2
.01 >hen the mrri!e t5es pl+e without the +onsent of the prents or
!urdin, s re*uired by lw2
.41 >hen the mrri!e is nnulled, nd the donee +ted in bd fith2
.61 Upon le!l seprtion, the donee bein! the !uilty spouse2
./1 If it is with resolutory +ondition nd the +ondition is +omplied with2
.91 >hen the donee hs +ommitted n +t of in!rtitude s spe+ified by the
provisions of the Civil Code on dontions in !enerl. .)401
Art. 87. &very dontion or !rnt of !rtuitous dvnt!e, dire+t or indire+t,
between the spouses durin! the mrri!e shll be void, e-+ept moderte !ifts
whi+h the spouses my !ive e+h other on the o++sion of ny fmily re,oi+in!.
$he prohibition shll lso pply to persons livin! to!ether s husbnd nd wife
without vlid mrri!e. .)441

Chpter 4. @ystem of Absolute Community

@e+tion ). (enerl Provisions

Art. 88. $he bsolute +ommunity of property between spouses shll +ommen+e t
the pre+ise moment tht the mrri!e is +elebrted. Any stipultion, e-press or
implied, for the +ommen+ement of the +ommunity re!ime t ny other time shll
be void. .)6/1
Art. 8=. No wiver of ri!hts, shres nd effe+ts of the bsolute +ommunity of
property durin! the mrri!e +n be mde e-+ept in +se of ,udi+il seprtion of
property.
>hen the wiver t5es pl+e upon ,udi+il seprtion of property, or fter the
mrri!e hs been dissolved or nnulled, the sme shll pper in publi+
instrument nd shll be re+orded s provided in Arti+le 77. $he +reditors of the
spouse who mde su+h wiver my petition the +ourt to res+ind the wiver to the
e-tent of the mount suffi+ient to +over the mount of their +redits. .)691
Art. =<. $he provisions on +o;ownership shll pply to the bsolute +ommunity of
property between the spouses in ll mtters not provided for in this Chpter. .n1

@e+tion 0. >ht Constitutes Community Property

Art. =). Unless otherwise provided in this Chpter or in the mrri!e settlements,
the +ommunity property shll +onsist of ll the property owned by the spouses t
the time of the +elebrtion of the mrri!e or +*uired therefter. .)=71
Art. =0. $he followin! shll be e-+luded from the +ommunity property#
.)1 Property +*uired durin! the mrri!e by !rtuitous title by either
spouse, nd the fruits s well s the in+ome thereof, if ny, unless it is
e-pressly provided by the donor, testtor or !rntor tht they shll form
prt of the +ommunity property2
.01 Property for personl nd e-+lusive use of either spouse. Aowever,
,ewelry shll form prt of the +ommunity property2
.41 Property +*uired before the mrri!e by either spouse who hs
le!itimte des+endnts by former mrri!e, nd the fruits s well s the
in+ome, if ny, of su+h property. .0<)1
Art. =4. Property +*uired durin! the mrri!e is presumed to belon! to the
+ommunity, unless it is proved tht it is one of those e-+luded therefrom. .)9<1 +hn
robles virtul lw librry

@e+tion 4. Chr!es nd Obli!tions of the Absolute Community

Art. =6. $he bsolute +ommunity of property shll be lible for#
.)1 $he support of the spouses, their +ommon +hildren, nd le!itimte
+hildren of either spouse2 however, the support of ille!itimte +hildren shll
be !overned by the provisions of this Code on @upport2
.01 All debts nd obli!tions +ontr+ted durin! the mrri!e by the
desi!nted dministrtor;spouse for the benefit of the +ommunity, or by
both spouses, or by one spouse with the +onsent of the other2
.41 ?ebts nd obli!tions +ontr+ted by either spouse without the +onsent
of the other to the e-tent tht the fmily my hve been benefited2
.61 All t-es, liens, +hr!es nd e-penses, in+ludin! m,or or minor repirs,
upon the +ommunity property2
./1 All t-es nd e-penses for mere preservtion mde durin! mrri!e
upon the seprte property of either spouse used by the fmily2
.91 &-penses to enble either spouse to +ommen+e or +omplete
professionl or vo+tionl +ourse, or other +tivity for self;improvement2
.71 Ante;nuptil debts of either spouse insofr s they hve redounded to
the benefit of the fmily2
.81 $he vlue of wht is donted or promised by both spouses in fvor of
their +ommon le!itimte +hildren for the e-+lusive purpose of +ommen+in!
or +ompletin! professionl or vo+tionl +ourse or other +tivity for self;
improvement2
.=1 Ante;nuptil debts of either spouse other thn those fllin! under
pr!rph .71 of this Arti+le, the support of ille!itimte +hildren of either
spouse, nd libilities in+urred by either spouse by reson of +rime or
*usi;deli+t, in +se of bsen+e or insuffi+ien+y of the e-+lusive property of
the debtor;spouse, the pyment of whi+h shll be +onsidered s dvn+es
to be dedu+ted from the shre of the debtor;spouse upon li*uidtion of the
+ommunity2 nd
.)<1 &-penses of liti!tion between the spouses unless the suit is found to
be !roundless.
If the +ommunity property is insuffi+ient to +over the fore!oin! libilities, e-+ept
those fllin! under pr!rph .=1, the spouses shll be solidrily lible for the
unpid bln+e with their seprte properties. .)9), )90, )94, 0<0;0</1

Art. =/. >htever my be lost durin! the mrri!e in ny !me of +hn+e,
bettin!, sweepst5es, or ny other 5ind of !mblin!, whether permitted or
prohibited by lw, shll be borne by the loser nd shll not be +hr!ed to the
+ommunity but ny winnin!s therefrom shll form prt of the +ommunity
property. .)961

@e+tion 6. Ownership, Administrtive,
&n,oyment nd ?isposition of the Community Property

Art. =9. $he dministrtion nd en,oyment of the +ommunity property shll
belon! to both spouses ,ointly. In +se of dis!reement, the husbnd:s de+ision
shll previl, sub,e+t to re+ourse to the +ourt by the wife for proper remedy,
whi+h must be viled of within five yers from the dte of the +ontr+t
implementin! su+h de+ision.
In the event tht one spouse is in+p+itted or otherwise unble to prti+ipte in
the dministrtion of the +ommon properties, the other spouse my ssume sole
powers of dministrtion. $hese powers do not in+lude disposition or
en+umbrn+e without uthority of the +ourt or the written +onsent of the other
spouse. In the bsen+e of su+h uthority or +onsent, the disposition or
en+umbrn+e shll be void. Aowever, the trns+tion shll be +onstrued s
+ontinuin! offer on the prt of the +onsentin! spouse nd the third person, nd
my be perfe+ted s bindin! +ontr+t upon the ++eptn+e by the other spouse
or uthori3tion by the +ourt before the offer is withdrwn by either or both
offerors..0<91
Art. =7. &ither spouse my dispose by will of his or her interest in the +ommunity
property. .n1
Art. =8. Neither spouse my donte ny +ommunity property without the +onsent
of the other. Aowever, either spouse my, without the +onsent of the other, m5e
moderte dontions from the +ommunity property for +hrity or on o++sions of
fmily re,oi+in! or fmily distress. .n1

@e+tion /. ?issolution of Absolute Community Re!ime
Art. ==. $he bsolute +ommunity termintes#
.)1 Upon the deth of either spouse2
.01 >hen there is de+ree of le!l seprtion2
.41 >hen the mrri!e is nnulled or de+lred void2 or
.61 In +se of ,udi+il seprtion of property durin! the mrri!e under
Arti+les )46 to )48. .)7/1
Art. )<<. $he seprtion in f+t between husbnd nd wife shll not ffe+t the
re!ime of bsolute +ommunity e-+ept tht#
.)1 $he spouse who leves the +on,u!l home or refuses to live therein,
without ,ust +use, shll not hve the ri!ht to be supported2
.01 >hen the +onsent of one spouse to ny trns+tion of the other is
re*uired by lw, ,udi+il uthori3tion shll be obtined in summry
pro+eedin!2
.41 In the bsen+e of suffi+ient +ommunity property, the seprte property
of both spouses shll be solidrily lible for the support of the fmily. $he
spouse present shll, upon proper petition in summry pro+eedin!, be
!iven ,udi+il uthority to dminister or en+umber ny spe+ifi+ seprte
property of the other spouse nd use the fruits or pro+eeds thereof to
stisfy the ltter:s shre. .)781
Art. )<). If spouse without ,ust +use bndons the other or fils to +omply with
his or her obli!tions to the fmily, the !!rieved spouse my petition the +ourt
for re+eivership, for ,udi+il seprtion of property or for uthority to be the sole
dministrtor of the bsolute +ommunity, sub,e+t to su+h pre+utionry
+onditions s the +ourt my impose.
$he obli!tions to the fmily mentioned in the pre+edin! pr!rph refer to
mritl, prentl or property reltions.
A spouse is deemed to hve bndoned the other when her or she hs left the
+on,u!l dwellin! without intention of returnin!. $he spouse who hs left the
+on,u!l dwellin! for period of three months or hs filed within the sme
period to !ive ny informtion s to his or her wherebouts shll be prim f+ie
presumed to hve no intention of returnin! to the +on,u!l dwellin!. .)781

@e+tion 9. %i*uidtion of the Absolute Community
Assets nd %ibilities

Art. )<0. Upon dissolution of the bsolute +ommunity re!ime, the followin!
pro+edure shll pply#
.)1 An inventory shll be prepred, listin! seprtely ll the properties of
the bsolute +ommunity nd the e-+lusive properties of e+h spouse.
.01 $he debts nd obli!tions of the bsolute +ommunity shll be pid out
of its ssets. In +se of insuffi+ien+y of sid ssets, the spouses shll be
solidrily lible for the unpid bln+e with their seprte properties in
++ordn+e with the provisions of the se+ond pr!rph of Arti+le =6.
.41 >htever remins of the e-+lusive properties of the spouses shll
therefter be delivered to e+h of them.
.61 $he net reminder of the properties of the bsolute +ommunity shll
+onstitute its net ssets, whi+h shll be divided e*ully between husbnd
nd wife, unless different proportion or division ws !reed upon in the
mrri!e settlements, or unless there hs been voluntry wiver of su+h
shre provided in this Code. "or purpose of +omputin! the net profits
sub,e+t to forfeiture in ++ordn+e with Arti+les 64, No. .01 nd 94, No. .01,
the sid profits shll be the in+rese in vlue between the mr5et vlue of
the +ommunity property t the time of the +elebrtion of the mrri!e nd
the mr5et vlue t the time of its dissolution.
./1 $he presumptive le!itimes of the +ommon +hildren shll be delivered
upon prtition, in ++ordn+e with Arti+le /).
.91 Unless otherwise !reed upon by the prties, in the prtition of the
properties, the +on,u!l dwellin! nd the lot on whi+h it is situted shll be
d,udi+ted to the spouse with whom the m,ority of the +ommon +hildren
+hoose to remin. Children below the !e of seven yers re deemed to
hve +hosen the mother, unless the +ourt hs de+ided otherwise. In +se
there in no su+h m,ority, the +ourt shll de+ide, t5in! into +onsidertion
the best interests of sid +hildren. .n1
Art. )<4. Upon the termintion of the mrri!e by deth, the +ommunity property
shll be li*uidted in the sme pro+eedin! for the settlement of the estte of the
de+esed.
If no ,udi+il settlement pro+eedin! is instituted, the survivin! spouse shll
li*uidte the +ommunity property either ,udi+illy or e-tr;,udi+illy within si-
months from the deth of the de+esed spouse. If upon the lpse of the si-
months period, no li*uidtion is mde, ny disposition or en+umbrn+e involvin!
the +ommunity property of the terminted mrri!e shll be void.
@hould the survivin! spouse +ontr+t subse*uent mrri!e without +omplin+e
with the fore!oin! re*uirements, mndtory re!ime of +omplete seprtion of
property shll !overn the property reltions of the subse*uent mrri!e. .n1
Art. )<6. >henever the li*uidtion of the +ommunity properties of two or more
mrri!es +ontr+ted by the sme person before the effe+tivity of this Code is
+rried out simultneously, the respe+tive +pitl, fruits nd in+ome of e+h
+ommunity shll be determined upon su+h proof s my be +onsidered ++ordin!
to the rules of eviden+e. In +se of doubt s to whi+h +ommunity the e-istin!
properties belon!, the sme shll be divided between the different +ommunities
in proportion to the +pitl nd durtion of e+h. .)8=1

Chpter 6. Con,u!l Prtnership of (ins

@e+tion ). (enerl Provisions

Art. )</. In +se the future spouses !ree in the mrri!e settlements tht the
re!ime of +on,u!l prtnership !ins shll !overn their property reltions durin!
mrri!e, the provisions in this Chpter shll be of supplementry ppli+tion.
$he provisions of this Chpter shll lso pply to +on,u!l prtnerships of !ins
lredy estblished between spouses before the effe+tivity of this Code, without
pre,udi+e to vested ri!hts lredy +*uired in ++ordn+e with the Civil Code or
other lws, s provided in Arti+le 0/9. .n1
Art. )<9. Under the re!ime of +on,u!l prtnership of !ins, the husbnd nd wife
pl+e in +ommon fund the pro+eeds, produ+ts, fruits nd in+ome from their
seprte properties nd those +*uired by either or both spouses throu!h their
efforts or by +hn+e, nd, upon dissolution of the mrri!e or of the prtnership,
the net !ins or benefits obtined by either or both spouses shll be divided
e*ully between them, unless otherwise !reed in the mrri!e settlements. .)601
Art. )<7. $he rules provided in Arti+les 88 nd 8= shll lso pply to +on,u!l
prtnership of !ins. .n1
Art. )<8. $he +on,u!l prtnership shll be !overned by the rules on the +ontr+t
of prtnership in ll tht is not in +onfli+t with wht is e-pressly determined in this
Chpter or by the spouses in their mrri!e settlements. .)671

@e+tion 0. &-+lusive Property of &+h @pouse

Art. )<=. $he followin! shll be the e-+lusive property of e+h spouse#
.)1 $ht whi+h is brou!ht to the mrri!e s his or her own2
.01 $ht whi+h e+h +*uires durin! the mrri!e by !rtuitous title2
.41 $ht whi+h is +*uired by ri!ht of redemption, by brter or by e-+hn!e
with property belon!in! to only one of the spouses2 nd
.61 $ht whi+h is pur+hsed with e-+lusive money of the wife or of the
husbnd. .)681
Art. ))<. $he spouses retin the ownership, possession, dministrtion nd
en,oyment of their e-+lusive properties.
&ither spouse my, durin! the mrri!e, trnsfer the dministrtion of his or her
e-+lusive property to the other by mens of publi+ instrument, whi+h shll be
re+orded in the re!istry of property of the pl+e the property is lo+ted. .)47, )98,
)9=1
Art. ))). A spouse of !e my mort!!e, en+umber, liente or otherwise
dispose of his or her e-+lusive property, without the +onsent of the other spouse,
nd pper lone in +ourt to liti!te with re!rd to the sme. .n1
Art. ))0. $he liention of ny e-+lusive property of spouse dministered by the
other utomti+lly termintes the dministrtion over su+h property nd the
pro+eeds of the liention shll be turned over to the owner;spouse. .n1
Art. ))4. Property donted or left by will to the spouses, ,ointly nd with
desi!ntion of determinte shres, shll pertin to the donee;spouses s his or
her own e-+lusive property, nd in the bsen+e of desi!ntion, shre nd shre
li5e, without pre,udi+e to the ri!ht of ++retion when proper. .)/<1
Art. ))6. If the dontions re onerous, the mount of the +hr!es shll be borne
by the e-+lusive property of the donee spouse, whenever they hve been
dvn+ed by the +on,u!l prtnership of !ins. .)/)1
Art. ))/. Retirement benefits, pensions, nnuities, !rtuities, usufru+ts nd
similr benefits shll be !overned by the rules on !rtuitous or onerous
+*uisitions s my be proper in e+h +se. .n1

@e+tion 4. Con,u!l Prtnership Property

Art. ))9. All property +*uired durin! the mrri!e, whether the +*uisition
ppers to hve been mde, +ontr+ted or re!istered in the nme of one or both
spouses, is presumed to be +on,u!l unless the +ontrry is proved. .)9<1
Art. ))7. $he followin! re +on,u!l prtnership properties#
.)1 $hose +*uired by onerous title durin! the mrri!e t the e-pense of
the +ommon fund, whether the +*uisition be for the prtnership, or for
only one of the spouses2
.01 $hose obtined from the lbor, industry, wor5 or profession of either or
both of the spouses2
.41 $he fruits, nturl, industril, or +ivil, due or re+eived durin! the
mrri!e from the +ommon property, s well s the net fruits from the
e-+lusive property of e+h spouse2
.61 $he shre of either spouse in the hidden tresure whi+h the lw wrds
to the finder or owner of the property where the tresure is found2
./1 $hose +*uired throu!h o++uption su+h s fishin! or huntin!2
.91 %ivesto+5 e-istin! upon the dissolution of the prtnership in e-+ess of
the number of e+h 5ind brou!ht to the mrri!e by either spouse2 nd
.71 $hose whi+h re +*uired by +hn+e, su+h s winnin!s from !mblin! or
bettin!. Aowever, losses therefrom shll be borne e-+lusively by the loser;
spouse. .)/4, )/6, )//, )/=1
Art. ))8. Property bou!ht on instllments pid prtly from e-+lusive funds of
either or both spouses nd prtly from +on,u!l funds belon!s to the buyer or
buyers if full ownership ws vested before the mrri!e nd to the +on,u!l
prtnership if su+h ownership ws vested durin! the mrri!e. In either +se, ny
mount dvn+ed by the prtnership or by either or both spouses shll be
reimbursed by the owner or owners upon li*uidtion of the prtnership. .n1
Art. ))=. >henever n mount or +redit pyble within period of time belon!s
to one of the spouses, the sums whi+h my be +olle+ted durin! the mrri!e in
prtil pyments or by instllments on the prin+ipl shll be the e-+lusive
property of the spouse. Aowever, interests fllin! due durin! the mrri!e on the
prin+ipl shll belon! to the +on,u!l prtnership. .)/9, )/71
Art. )0<. $he ownership of improvements, whether for utility or dornment, mde
on the seprte property of the spouses t the e-pense of the prtnership or
throu!h the +ts or efforts of either or both spouses shll pertin to the +on,u!l
prtnership, or to the ori!inl owner;spouse, sub,e+t to the followin! rules#
>hen the +ost of the improvement mde by the +on,u!l prtnership nd
ny resultin! in+rese in vlue re more thn the vlue of the property t
the time of the improvement, the entire property of one of the spouses shll
belon! to the +on,u!l prtnership, sub,e+t to reimbursement of the vlue
of the property of the owner;spouse t the time of the improvement2
otherwise, sid property shll be retined in ownership by the owner;
spouse, li5ewise sub,e+t to reimbursement of the +ost of the improvement.
In either +se, the ownership of the entire property shll be vested upon the
reimbursement, whi+h shll be mde t the time of the li*uidtion of the
+on,u!l prtnership..)/81
@e+tion 6. Chr!es Upon nd Obli!tions of
the Con,u!l Prtnership

Art. )0). $he +on,u!l prtnership shll be lible for#
.)1 $he support of the spouse, their +ommon +hildren, nd the le!itimte
+hildren of either spouse2 however, the support of ille!itimte +hildren shll
be !overned by the provisions of this Code on @upport2
.01 All debts nd obli!tions +ontr+ted durin! the mrri!e by the
desi!nted dministrtor;spouse for the benefit of the +on,u!l prtnership
of !ins, or by both spouses or by one of them with the +onsent of the
other2
.41 ?ebts nd obli!tions +ontr+ted by either spouse without the +onsent
of the other to the e-tent tht the fmily my hve benefited2
.61 All t-es, liens, +hr!es, nd e-penses, in+ludin! m,or or minor repirs
upon the +on,u!l prtnership property2
./1 All t-es nd e-penses for mere preservtion mde durin! the mrri!e
upon the seprte property of either spouse2
.91 &-penses to enble either spouse to +ommen+e or +omplete
professionl, vo+tionl, or other +tivity for self;improvement2
.71 Ante;nuptil debts of either spouse insofr s they hve redounded to
the benefit of the fmily2
.81 $he vlue of wht is donted or promised by both spouses in fvor of
their +ommon le!itimte +hildren for the e-+lusive purpose of +ommen+in!
or +ompletin! professionl or vo+tionl +ourse or other +tivity for self;
improvement2 nd
.=1 &-penses of liti!tion between the spouses unless the suit is found to
!roundless.
If the +on,u!l prtnership is insuffi+ient to +over the fore!oin! libilities, the
spouses shll be solidrily lible for the unpid bln+e with their seprte
properties. .)9)1
Art. )00. $he pyment of personl debts +ontr+ted by the husbnd or the wife
before or durin! the mrri!e shll not be +hr!ed to the +on,u!l properties
prtnership e-+ept insofr s they redounded to the benefit of the fmily.
Neither shll the fines nd pe+uniry indemnities imposed upon them be +hr!ed
to the prtnership.
Aowever, the pyment of personl debts +ontr+ted by either spouse before the
mrri!e, tht of fines nd indemnities imposed upon them, s well s the
support of ille!itimte +hildren of either spouse, my be enfor+ed !inst the
prtnership ssets fter the responsibilities enumerted in the pre+edin! Arti+le
hve been +overed, if the spouse who is bound should hve no e-+lusive property
or if it should be insuffi+ient2 but t the time of the li*uidtion of the prtnership,
su+h spouse shll be +hr!ed for wht hs been pid for the purpose bove;
mentioned. .)941
Art. )04. >htever my be lost durin! the mrri!e in ny !me of +hn+e or in
bettin!, sweepst5es, or ny other 5ind of !mblin! whether permitted or
prohibited by lw, shll be borne by the loser nd shll not be +hr!ed to the
+on,u!l prtnership but ny winnin!s therefrom shll form prt of the +on,u!l
prtnership property. .)961

@e+tion /. Administrtion of the
Con,u!l Prtnership Property

Art. )06. $he dministrtion nd en,oyment of the +on,u!l prtnership shll
belon! to both spouses ,ointly. In +se of dis!reement, the husbnd:s de+ision
shll previl, sub,e+t to re+ourse to the +ourt by the wife for proper remedy,
whi+h must be viled of within five yers from the dte of the +ontr+t
implementin! su+h de+ision.
In the event tht one spouse is in+p+itted or otherwise unble to prti+ipte in
the dministrtion of the +on,u!l properties, the other spouse my ssume sole
powers of dministrtion. $hese powers do not in+lude disposition or
en+umbrn+e without uthority of the +ourt or the written +onsent of the other
spouse. In the bsen+e of su+h uthority or +onsent, the disposition or
en+umbrn+e shll be void. Aowever, the trns+tion shll be +onstrued s
+ontinuin! offer on the prt of the +onsentin! spouse nd the third person, nd
my be perfe+ted s bindin! +ontr+t upon the ++eptn+e by the other spouse
or uthori3tion by the +ourt before the offer is withdrwn by either or both
offerors..)9/1
Art. )0/. Neither spouse my donte ny +on,u!l prtnership property without
the +onsent of the other. Aowever, either spouse my, without the +onsent of the
other, m5e moderte dontions from the +on,u!l prtnership property for
+hrity or on o++sions of fmily re,oi+in! or fmily distress. .)761

@e+tion 9. ?issolution of Con,u!l Prtnership Re!ime

Art. )09. $he +on,u!l prtnership termintes#
.)1 Upon the deth of either spouse2
.01 >hen there is de+ree of le!l seprtion2
.41 >hen the mrri!e is nnulled or de+lred void2 or
.61 In +se of ,udi+il seprtion of property durin! the mrri!e under
Arti+les )46 to )48. .)7/1
Art. )07. $he seprtion in f+t between husbnd nd wife shll not ffe+t the
re!ime of +on,u!l prtnership, e-+ept tht#
.)1 $he spouse who leves the +on,u!l home or refuses to live therein,
without ,ust +use, shll not hve the ri!ht to be supported2
.01 >hen the +onsent of one spouse to ny trns+tion of the other is
re*uired by lw, ,udi+il uthori3tion shll be obtined in summry
pro+eedin!2
.41 In the bsen+e of suffi+ient +on,u!l prtnership property, the seprte
property of both spouses shll be solidrily lible for the support of the
fmily. $he spouse present shll, upon petition in summry pro+eedin!,
be !iven ,udi+il uthority to dminister or en+umber ny spe+ifi+ seprte
property of the other spouse nd use the fruits or pro+eeds thereof to
stisfy the ltter:s shre. .)781
Art. )08. If spouse without ,ust +use bndons the other or fils to +omply with
his or her obli!tion to the fmily, the !!rieved spouse my petition the +ourt
for re+eivership, for ,udi+il seprtion of property, or for uthority to be the sole
dministrtor of the +on,u!l prtnership property, sub,e+t to su+h pre+utionry
+onditions s the +ourt my impose.
$he obli!tions to the fmily mentioned in the pre+edin! pr!rph refer to
mritl, prentl or property reltions.
A spouse is deemed to hve bndoned the other when he or she hs left the
+on,u!l dwellin! without intention of returnin!. $he spouse who hs left the
+on,u!l dwellin! for period of three months or hs filed within the sme
period to !ive ny informtion s to his or her wherebouts shll be prim f+ie
presumed to hve no intention of returnin! to the +on,u!l dwellin!. .)97, )=)1

@e+tion 7. %i*uidtion of the
Con,u!l Prtnership Assets nd %ibilities

Art. )0=. Upon the dissolution of the +on,u!l prtnership re!ime, the followin!
pro+edure shll pply#
.)1 An inventory shll be prepred, listin! seprtely ll the properties of
the +on,u!l prtnership nd the e-+lusive properties of e+h spouse.
.01 Amounts dvn+ed by the +on,u!l prtnership in pyment of personl
debts nd obli!tions of either spouse shll be +redited to the +on,u!l
prtnership s n sset thereof.
.41 &+h spouse shll be reimbursed for the use of his or her e-+lusive
funds in the +*uisition of property or for the vlue of his or her e-+lusive
property, the ownership of whi+h hs been vested by lw in the +on,u!l
prtnership.
.61 $he debts nd obli!tions of the +on,u!l prtnership shll be pid out
of the +on,u!l ssets. In +se of insuffi+ien+y of sid ssets, the spouses
shll be solidrily lible for the unpid bln+e with their seprte
properties, in ++ordn+e with the provisions of pr!rph .01 of Arti+le
)0).
./1 >htever remins of the e-+lusive properties of the spouses shll
therefter be delivered to e+h of them.
.91 Unless the owner hd been indemnified from whtever sour+e, the loss
or deteriortion of movbles used for the benefit of the fmily, belon!in! to
either spouse, even due to fortuitous event, shll be pid to sid spouse
from the +on,u!l funds, if ny.
.71 $he net reminder of the +on,u!l prtnership properties shll +onstitute
the profits, whi+h shll be divided e*ully between husbnd nd wife,
unless different proportion or division ws !reed upon in the mrri!e
settlements or unless there hs been voluntry wiver or forfeiture of
su+h shre s provided in this Code.
.81 $he presumptive le!itimes of the +ommon +hildren shll be delivered
upon the prtition in ++ordn+e with Arti+le /).
.=1 In the prtition of the properties, the +on,u!l dwellin! nd the lot on
whi+h it is situted shll, unless otherwise !reed upon by the prties, be
d,udi+ted to the spouse with whom the m,ority of the +ommon +hildren
+hoose to remin. Children below the !e of seven yers re deemed to
hve +hosen the mother, unless the +ourt hs de+ided otherwise. In +se
there is no su+h m,ority, the +ourt shll de+ide, t5in! into +onsidertion
the best interests of sid +hildren. .)8), )80, )84, )86, )8/1
Art. )4<. Upon the termintion of the mrri!e by deth, the +on,u!l prtnership
property shll be li*uidted in the sme pro+eedin! for the settlement of the
estte of the de+esed.
If no ,udi+il settlement pro+eedin! is instituted, the survivin! spouse shll
li*uidte the +on,u!l prtnership property either ,udi+illy or e-tr;,udi+illy
within si- months from the deth of the de+esed spouse. If upon the lpse of the
si-;month period no li*uidtion is mde, ny disposition or en+umbrn+e
involvin! the +on,u!l prtnership property of the terminted mrri!e shll be
void.
@hould the survivin! spouse +ontr+t subse*uent mrri!e without +omplin+e
with the fore!oin! re*uirements, mndtory re!ime of +omplete seprtion of
property shll !overn the property reltions of the subse*uent mrri!e. .n1
Art. )4). >henever the li*uidtion of the +on,u!l prtnership properties of two
or more mrri!es +ontr+ted by the sme person before the effe+tivity of this
Code is +rried out simultneously, the respe+tive +pitl, fruits nd in+ome of
e+h prtnership shll be determined upon su+h proof s my be +onsidered
++ordin! to the rules of eviden+e. In +se of doubt s to whi+h prtnership the
e-istin! properties belon!, the sme shll be divided between the different
prtnerships in proportion to the +pitl nd durtion of e+h. .)8=1
Art. )40. $he Rules of Court on the dministrtion of esttes of de+esed persons
shll be observed in the pprisl nd sle of property of the +on,u!l
prtnership, nd other mtters whi+h re not e-pressly determined in this
Chpter. .)871
Art. )44. "rom the +ommon mss of property support shll be !iven to the
survivin! spouse nd to the +hildren durin! the li*uidtion of the inventoried
property nd until wht belon!s to them is delivered2 but from this shll be
dedu+ted tht mount re+eived for support whi+h e-+eeds the fruits or rents
pertinin! to them. .)881

Chpter /. @eprtion of Property of the
@pouses nd Administrtion of Common Property by
One @pouse ?urin! the 'rri!e

Art. )46. In the bsen+e of n e-press de+lrtion in the mrri!e settlements,
the seprtion of property between spouses durin! the mrri!e shll not t5e
pl+e e-+ept by ,udi+il order. @u+h ,udi+il seprtion of property my either be
voluntry or for suffi+ient +use. .)=<1
Art. )4/. Any of the followin! shll be +onsidered suffi+ient +use for ,udi+il
seprtion of property#
.)1 $ht the spouse of the petitioner hs been senten+ed to penlty whi+h
+rries with it +ivil interdi+tion2
.01 $ht the spouse of the petitioner hs been ,udi+illy de+lred n
bsentee2
.41 $ht loss of prentl uthority of the spouse of petitioner hs been
de+reed by the +ourt2
.61 $ht the spouse of the petitioner hs bndoned the ltter or filed to
+omply with his or her obli!tions to the fmily s provided for in Arti+le
)<)2
./1 $ht the spouse !rnted the power of dministrtion in the mrri!e
settlements hs bused tht power2 nd
.91 $ht t the time of the petition, the spouses hve been seprted in f+t
for t lest one yer nd re+on+ilition is hi!hly improbble.
In the +ses provided for in Numbers .)1, .01 nd .41, the presenttion of the finl
,ud!ment !inst the !uilty or bsent spouse shll be enou!h bsis for the !rnt
of the de+ree of ,udi+il seprtion of property. .)=)1
Art. )49. $he spouses my ,ointly file verified petition with the +ourt for the
voluntry dissolution of the bsolute +ommunity or the +on,u!l prtnership of
!ins, nd for the seprtion of their +ommon properties.
All +reditors of the bsolute +ommunity or of the +on,u!l prtnership of !ins, s
well s the personl +reditors of the spouse, shll be listed in the petition nd
notified of the filin! thereof. $he +ourt shll t5e mesures to prote+t the
+reditors nd other persons with pe+uniry interest. .)=)1
Art. )47. On+e the seprtion of property hs been de+reed, the bsolute
+ommunity or the +on,u!l prtnership of !ins shll be li*uidted in +onformity
with this Code.
?urin! the penden+y of the pro+eedin!s for seprtion of property, the bsolute
+ommunity or the +on,u!l prtnership shll py for the support of the spouses
nd their +hildren..)=01
Art. )48. After dissolution of the bsolute +ommunity or of the +on,u!l
prtnership, the provisions on +omplete seprtion of property shll pply. .)=)1
Art. )4=. $he petition for seprtion of property nd the finl ,ud!ment !rntin!
the sme shll be re+orded in the proper lo+l +ivil re!istries nd re!istries of
property. .)=41
Art. )6<. $he seprtion of property shll not pre,udi+e the ri!hts previously
+*uired by +reditors. .)=61
Art. )6). $he spouses my, in the sme pro+eedin!s where seprtion of property
ws de+reed, file motion in +ourt for de+ree revivin! the property re!ime tht
e-isted between them before the seprtion of property in ny of the followin!
instn+es#
.)1 >hen the +ivil interdi+tion termintes2
.01 >hen the bsentee spouse reppers2
.41 >hen the +ourt, bein! stisfied tht the spouse !rnted the power of
dministrtion in the mrri!e settlements will not !in buse tht power,
uthori3es the resumption of sid dministrtion2
.61 >hen the spouse who hs left the +on,u!l home without de+ree of
le!l seprtion resumes +ommon life with the other2
./1 >hen prentl uthority is ,udi+illy restored to the spouse previously
deprived thereof2
.91 >hen the spouses who hve seprted in f+t for t lest one yer,
re+on+ile nd resume +ommon life2 or
.71 >hen fter voluntry dissolution of the bsolute +ommunity of property
or +on,u!l prtnership hs been ,udi+illy de+reed upon the ,oint petition
of the spouses, they !ree to the revivl of the former property re!ime. No
voluntry seprtion of property my therefter be !rnted.
$he revivl of the former property re!ime shll be !overned by Arti+le 97. .)=/1
Art. )60. $he dministrtion of ll +lsses of e-+lusive property of either spouse
my be trnsferred by the +ourt to the other spouse#
.)1 >hen one spouse be+omes the !urdin of the other2
.01 >hen one spouse is ,udi+illy de+lred n bsentee2
.41 >hen one spouse is senten+ed to penlty whi+h +rries with it +ivil
interdi+tion2 or
.61 >hen one spouse be+omes fu!itive from ,usti+e or is in hidin! s n
++used in +riminl +se.
If the other spouse is not *ulified by reson of in+ompeten+e, +onfli+t of interest,
or ny other ,ust +use, the +ourt shll ppoint suitble person to be the
dministrtor. .n1

Chpter 9. Re!ime of @eprtion of Property

Art. )64. @hould the future spouses !ree in the mrri!e settlements tht their
property reltions durin! mrri!e shll be !overned by the re!ime of seprtion
of property, the provisions of this Chpter shll be suppletory. .0)01
Art. )66. @eprtion of property my refer to present or future property or both. It
my be totl or prtil. In the ltter +se, the property not !reed upon s
seprte shll pertin to the bsolute +ommunity. .0)41
Art. )6/. &+h spouse shll own, dispose of, possess, dminister nd en,oy his or
her own seprte estte, without need of the +onsent of the other. $o e+h
spouse shll belon! ll ernin!s from his or her profession, business or industry
nd ll fruits, nturl, industril or +ivil, due or re+eived durin! the mrri!e from
his or her seprte property. .0)61
Art. )69. Coth spouses shll ber the fmily e-penses in proportion to their
in+ome, or, in +se of insuffi+ien+y or defult thereof, to the +urrent mr5et vlue
of their seprte properties.+hn robles virtul lw librry
$he libilities of the spouses to +reditors for fmily e-penses shll, however, be
solidry. .0)/1

Chpter 7. Property Re!ime of Unions >ithout 'rri!e

Art. )67. >hen mn nd womn who re +p+itted to mrry e+h other,
live e-+lusively with e+h other s husbnd nd wife without the benefit of
mrri!e or under void mrri!e, their w!es nd slries shll be owned by
them in e*ul shres nd the property +*uired by both of them throu!h their
wor5 or industry shll be !overned by the rules on +o;ownership.
In the bsen+e of proof to the +ontrry, properties +*uired while they lived
to!ether shll be presumed to hve been obtined by their ,oint efforts, wor5 or
industry, nd shll be owned by them in e*ul shres. "or purposes of this Arti+le,
prty who did not prti+ipte in the +*uisition by the other prty of ny
property shll be deemed to hve +ontributed ,ointly in the +*uisition thereof if
the former:s efforts +onsisted in the +re nd mintenn+e of the fmily nd of
the household.
Neither prty +n en+umber or dispose by +ts inter vivos of his or her shre in
the property +*uired durin! +ohbittion nd owned in +ommon, without the
+onsent of the other, until fter the termintion of their +ohbittion.
>hen only one of the prties to void mrri!e is in !ood fith, the shre of the
prty in bd fith in the +o;ownership shll be forfeited in fvor of their +ommon
+hildren. In +se of defult of or wiver by ny or ll of the +ommon +hildren or
their des+endnts, e+h v+nt shre shll belon! to the respe+tive survivin!
des+endnts. In the bsen+e of des+endnts, su+h shre shll belon! to the
inno+ent prty. In ll +ses, the forfeiture shll t5e pl+e upon termintion of the
+ohbittion. .)661
Art. )68. In +ses of +ohbittion not fllin! under the pre+edin! Arti+le, only the
properties +*uired by both of the prties throu!h their +tul ,oint +ontribution
of money, property, or industry shll be owned by them in +ommon in proportion
to their respe+tive +ontributions. In the bsen+e of proof to the +ontrry, their
+ontributions nd +orrespondin! shres re presumed to be e*ul. $he sme rule
nd presumption shll pply to ,oint deposits of money nd eviden+es of +redit.
If one of the prties is vlidly mrried to nother, his or her shre in the +o;
ownership shll ++rue to the bsolute +ommunity or +on,u!l prtnership
e-istin! in su+h vlid mrri!e. If the prty who +ted in bd fith is not vlidly
mrried to nother, his or her shll be forfeited in the mnner provided in the lst
pr!rph of the pre+edin! Arti+le.
$he fore!oin! rules on forfeiture shll li5ewise pply even if both prties re in
bd fith. .)661

$I$%& B

$A& "A'I%G

Chpter ). $he "mily s n Institution

Art. )6=. $he fmily, bein! the foundtion of the ntion, is bsi+ so+il
institution whi+h publi+ poli+y +herishes nd prote+ts. Conse*uently, fmily
reltions re !overned by lw nd no +ustom, pr+ti+e or !reement destru+tive
of the fmily shll be re+o!ni3ed or !iven effe+t. .0)9, 0)81
Art. /<. "mily reltions in+lude those#
.)1 Cetween husbnd nd wife2
.01 Cetween prents nd +hildren2
.41 Amon! brothers nd sisters, whether of the full or hlf;blood. .0)71
Art. )/). No suit between members of the sme fmily shll prosper unless it
should pper from the verified +omplint or petition tht ernest efforts towrd
+ompromise hve been mde, but tht the sme hve filed. If it is shown tht
no su+h efforts were in f+t mde, the sme +se must be dismissed.
$his rules shll not pply to +ses whi+h my not be the sub,e+t of +ompromise
under the Civil Code. .0001

Chpter 0. $he "mily Aome

Art. )/0. $he fmily home, +onstituted ,ointly by the husbnd nd the wife or by
n unmrried hed of fmily, is the dwellin! house where they nd their fmily
reside, nd the lnd on whi+h it is situted. .0041
Art. )/4. $he fmily home is deemed +onstituted on house nd lot from the
time it is o++upied s fmily residen+e. "rom the time of its +onstitution nd so
lon! s ny of its benefi+iries +tully resides therein, the fmily home
+ontinues to be su+h nd is e-empt from e-e+ution, for+ed sle or tt+hment
e-+ept s hereinfter provided nd to the e-tent of the vlue llowed by lw. .0041
Art. )/6. $he benefi+iries of fmily home re#
.)1 $he husbnd nd wife, or n unmrried person who is the hed of
fmily2 nd
.01 $heir prents, s+endnts, des+endnts, brothers nd sisters, whether
the reltionship be le!itimte or ille!itimte, who re livin! in the fmily
home nd who depend upon the hed of the fmily for le!l support. .0091
Art. )//. $he fmily home shll be e-empt from e-e+ution, for+ed sle or
tt+hment e-+ept#
.)1 "or nonpyment of t-es2
.01 "or debts in+urred prior to the +onstitution of the fmily home2
.41 "or debts se+ured by mort!!es on the premises before or fter su+h
+onstitution2 nd
.61 "or debts due to lborers, me+hni+s, r+hite+ts, builders, mterilmen
nd others who hve rendered servi+e or furnished mteril for the
+onstru+tion of the buildin!..0641
Art. )/9. $he fmily home must be prt of the properties of the bsolute
+ommunity or the +on,u!l prtnership, or of the e-+lusive properties of either
spouse with the ltter:s +onsent. It my lso be +onstituted by n unmrried hed
of fmily on his or her own property.
Nevertheless, property tht is the sub,e+t of +onditionl sle on instllments
where ownership is reserved by the vendor only to !urntee pyment of the
pur+hse pri+e my be +onstituted s fmily home. .007, 0081
Art. )/7. $he +tul vlue of the fmily home shll not e-+eed, t the time of its
+onstitution, the mount of the three hundred thousnd pesos in urbn res,
nd two hundred thousnd pesos in rurl res, or su+h mounts s my
herefter be fi-ed by lw.
In ny event, if the vlue of the +urren+y +hn!es fter the doption of this Code,
the vlue most fvorble for the +onstitution of fmily home shll be the bsis
of evlution.
"or purposes of this Arti+le, urbn res re deemed to in+lude +hrtered +ities
nd muni+iplities whose nnul in+ome t lest e*uls tht le!lly re*uired for
+hrtered +ities. All others re deemed to be rurl res. .04)1
Art. )/8. $he fmily home my be sold, liented, donted, ssi!ned or
en+umbered by the owner or owners thereof with the written +onsent of the
person +onstitutin! the sme, the ltter:s spouse, nd m,ority of the
benefi+iries of le!l !e. In +se of +onfli+t, the +ourt shll de+ide. .04/1
Art. )/=. $he fmily home shll +ontinue despite the deth of one or both
spouses or of the unmrried hed of the fmily for period of ten yers or for s
lon! s there is minor benefi+iry, nd the heirs +nnot prtition the sme
unless the +ourt finds +ompellin! resons therefor. $his rule shll pply re!rdless
of whoever owns the property or +onstituted the fmily home. .0481
Art. )9<. >hen +reditor whose +lims is not mon! those mentioned in Arti+le
)// obtins ,ud!ment in his fvor, nd he hs resonble !rounds to believe
tht the fmily home is +tully worth more thn the m-imum mount fi-ed in
Arti+le )/7, he my pply to the +ourt whi+h rendered the ,ud!ment for n order
dire+tin! the sle of the property under e-e+ution. $he +ourt shll so order if it
finds tht the +tul vlue of the fmily home e-+eeds the m-imum mount
llowed by lw s of the time of its +onstitution. If the in+resed +tul vlue
e-+eeds the m-imum llowed in Arti+le )/7 nd results from subse*uent
voluntry improvements introdu+ed by the person or persons +onstitutin! the
fmily home, by the owner or owners of the property, or by ny of the
benefi+iries, the sme rule nd pro+edure shll pply.
At the e-e+ution sle, no bid below the vlue llowed for fmily home shll be
+onsidered. $he pro+eeds shll be pplied first to the mount mentioned in Arti+le
)/7, nd then to the libilities under the ,ud!ment nd the +osts. $he e-+ess, if
ny, shll be delivered to the ,ud!ment debtor. .067, 0681
Art. )9). "or purposes of vilin! of the benefits of fmily home s provided for
in this Chpter, person my +onstitute, or be the benefi+iry of, only one fmily
home. .n1
Art. )90. $he provisions in this Chpter shll lso !overn e-istin! fmily
residen+es insofr s sid provisions re ppli+ble. .n1

$I$%& BI

PA$&RNI$G AN? "I%IA$ION

Chpter ). %e!itimte Children

Art. )94. $he filition of +hildren my be by nture or by doption. Nturl
filition my be le!itimte or ille!itimte. .n1
Art. )96. Children +on+eived or born durin! the mrri!e of the prents re
le!itimte.
Children +on+eived s result of rtifi+il insemintion of the wife with the sperm
of the husbnd or tht of donor or both re li5ewise le!itimte +hildren of the
husbnd nd his wife, provided, tht both of them uthori3ed or rtified su+h
insemintion in written instrument e-e+uted nd si!ned by them before the
birth of the +hild. $he instrument shll be re+orded in the +ivil re!istry to!ether
with the birth +ertifi+te of the +hild. .//, 0/81
Art. )9/. Children +on+eived nd born outside vlid mrri!e re ille!itimte,
unless otherwise provided in this Code. .n1
Art. )99. %e!itim+y of +hild my be impu!ned only on the followin! !rounds#
.)1 $ht it ws physi+lly impossible for the husbnd to hve se-ul
inter+ourse with his wife within the first )0< dys of the 4<< dys whi+h
immeditely pre+eded the birth of the +hild be+use of#

.1 the physi+l in+p+ity of the husbnd to hve se-ul inter+ourse
with his wife2
.b1 the f+t tht the husbnd nd wife were livin! seprtely in su+h
wy tht se-ul inter+ourse ws not possible2 or
.+1 serious illness of the husbnd, whi+h bsolutely prevented se-ul
inter+ourse2
.01 $ht it is proved tht for biolo!i+l or other s+ientifi+ resons, the +hild
+ould not hve been tht of the husbnd, e-+ept in the instn+e provided in
the se+ond pr!rph of Arti+le )962 or
.41 $ht in +se of +hildren +on+eived throu!h rtifi+il insemintion, the
written uthori3tion or rtifi+tion of either prent ws obtined throu!h
mist5e, frud, violen+e, intimidtion, or undue influen+e. .0//1
Art. )97. $he +hild shll be +onsidered le!itimte lthou!h the mother my hve
de+lred !inst its le!itim+y or my hve been senten+ed s n
dulteress. .0/91
Art. )98. If the mrri!e is terminted nd the mother +ontr+ted nother
mrri!e within three hundred dys fter su+h termintion of the former
mrri!e, these rules shll !overn in the bsen+e of proof to the +ontrry#
.)1 A +hild born before one hundred ei!hty dys fter the solemni3tion of
the subse*uent mrri!e is +onsidered to hve been +on+eived durin! the
former mrri!e, provided it be born within three hundred dys fter the
termintion of the former mrri!e2
.01 A +hild born fter one hundred ei!hty dys followin! the +elebrtion of
the subse*uent mrri!e is +onsidered to hve been +on+eived durin! su+h
mrri!e, even thou!h it be born within the three hundred dys fter the
termintion of the former mrri!e. .0/=1
Art. )9=. $he le!itim+y or ille!itim+y of +hild born fter three hundred dys
followin! the termintion of the mrri!e shll be proved by whoever lle!es
su+h le!itim+y or ille!itim+y. .09)1
Art. )7<. $he +tion to impu!n the le!itim+y of the +hild shll be brou!ht within
one yer from the 5nowled!e of the birth or its re+ordin! in the +ivil re!ister, if
the husbnd or, in proper +se, ny of his heirs, should reside in the +ity or
muni+iplity where the birth too5 pl+e or ws re+orded.
If the husbnd or, in his defult, ll of his heirs do not reside t the pl+e of birth
s defined in the first pr!rph or where it ws re+orded, the period shll be two
yers if they should reside in the Philippines2 nd three yers if brod. If the
birth of the +hild hs been +on+eled from or ws un5nown to the husbnd or his
heirs, the period shll be +ounted from the dis+overy or 5nowled!e of the birth of
the +hild or of the f+t of re!istrtion of sid birth, whi+hever is erlier. .0941
Art. )7). $he heirs of the husbnd my impu!n the filition of the +hild within the
period pres+ribed in the pre+edin! rti+le only in the followin! +ses#
.)1 If the husbnd should died before the e-pirtion of the period fi-ed for
brin!in! his +tion2
.01 If he should die fter the filin! of the +omplint without hvin! desisted
therefrom2 or
.41 If the +hild ws born fter the deth of the husbnd. .0901
Chpter 0. Proof of "ilition

Art. )70. $he filition of le!itimte +hildren is estblished by ny of the followin!#
.)1 $he re+ord of birth pperin! in the +ivil re!ister or finl ,ud!ment2 or
.01 An dmission of le!itimte filition in publi+ do+ument or privte
hndwritten instrument nd si!ned by the prent +on+erned.
In the bsen+e of the fore!oin! eviden+e, the le!itimte filition shll be
proved by#
.)1 $he open nd +ontinuous possession of the sttus of le!itimte +hild2
or
.01 Any other mens llowed by the Rules of Court nd spe+il lws. .09/, 099,
0971
Art. )74. $he +tion to +lim le!itim+y my be brou!ht by the +hild durin! his or
her lifetime nd shll be trnsmitted to the heirs should the +hild die durin!
minority or in stte of insnity. In these +ses, the heirs shll hve period of
five yers within whi+h to institute the +tion.
Art. )76. %e!itimte +hildren shll hve the ri!ht#
.)1 $o ber the surnmes of the fther nd the mother, in +onformity with
the provisions of the Civil Code on @urnmes2
.01 $o re+eive support from their prents, their s+endnts, nd in proper
+ses, their brothers nd sisters, in +onformity with the provisions of this
Code on @upport2 nd
.41 $o be entitled to the le!itimte nd other su++essionl ri!hts !rnted to
them by the Civil Code. .0961
Chpter 4. Ille!itimte Children

Art. )7/. Ille!itimte +hildren my estblish their ille!itimte filition in the sme
wy nd on the sme eviden+e s le!itimte +hildren.
$he +tion must be brou!ht within the sme period spe+ified in Arti+le )74,
e-+ept when the +tion is bsed on the se+ond pr!rph of Arti+le )70, in whi+h
+se the +tion my be brou!ht durin! the lifetime of the lle!ed prent. .08=1
Art. )79. Ille!itimte +hildren shll use the surnme nd shll be under the
prentl uthority of their mother, nd shll be entitled to support in +onformity
with this Code. $he le!itime of e+h ille!itimte +hild shll +onsist of one;hlf of
the le!itime of le!itimte +hild. &-+ept for this modifi+tion, ll other provisions
in the Civil Code !overnin! su++essionl ri!hts shll remin in for+e. .0871

Chpter 6. %e!itimted Children

Art. )77. Only +hildren +on+eived nd born outside of wedlo+5 of prents who, t
the time of the +on+eption of the former, were not dis*ulified by ny
impediment to mrry e+h other my be le!itimted. .09=1
Art. )78. %e!itimtion shll t5e pl+e by subse*uent vlid mrri!e between
prents. $he nnulment of voidble mrri!e shll not ffe+t the
le!itimtion. .07<1+hn robles virtul lw librry
Art. )7=. %e!itimted +hildren shll en,oy the sme ri!hts s le!itimte
+hildren. .0701
Art. )8<. $he effe+ts of le!itimtion shll retro+t to the time of the +hild:s
birth. .0741
Art. )8). $he le!itimtion of +hildren who died before the +elebrtion of the
mrri!e shll benefit their des+endnts. .0761
Art. )80. %e!itimtion my be impu!ned only by those who re pre,udi+ed in their
ri!hts, within five yers from the time their +use of +tion ++rues. .07/1

$I$%& BII

A?OP$ION

Art. )84. A person of !e nd in possession of full +ivil +p+ity nd le!l ri!hts
my dopt, provided he is in position to support nd +re for his +hildren,
le!itimte or ille!itimte, in 5eepin! with the mens of the fmily.
Only minors my be dopted, e-+ept in the +ses when the doption of person
of m,ority !e is llowed in this $itle.
In ddition, the dopter must be t lest si-teen yers older thn the person to
be dopted, unless the dopter is the prent by nture of the dopted, or is the
spouse of the le!itimte prent of the person to be dopted. .07, &. O. =) nd P? 9<41
Art. )86. $he followin! persons my not dopt#
.)1 $he !urdin with respe+t to the wrd prior to the pprovl of the finl
++ounts rendered upon the termintion of their !urdinship reltion2
.01 Any person who hs been +onvi+ted of +rime involvin! morl
turpitude2
.41 An lien, e-+ept#

.1 A former "ilipino +iti3en who see5s to dopt reltive by
+onsn!uinity2
.b1 One who see5s to dopt the le!itimte +hild of his or her "ilipino
spouse2 or
.+1 One who is mrried to "ilipino +iti3en nd see5s to dopt ,ointly
with his or her spouse reltive by +onsn!uinity of the ltter.
Aliens not in+luded in the fore!oin! e-+eptions my dopt "ilipino +hildren in
++ordn+e with the rules on inter;+ountry doptions s my be provided by
lw. .08, &. O. =) nd P? 9<41
Art. )8/. Ausbnd nd wife must ,ointly dopt, e-+ept in the followin! +ses#
.)1 >hen one spouse see5s to dopt his own ille!itimte +hild2 or
.01 >hen one spouse see5s to dopt the le!itimte +hild of the other. .0=, &. O.
=) nd P? 9<41
Art. )89. In +se husbnd nd wife ,ointly dopt or one spouse dopts the
le!itimte +hild of the other, ,oint prentl uthority shll be e-er+ised by the
spouses in ++ordn+e with this Code. .0=, &. O. nd P? 9<41
Art. )87. $he followin! my not be dopted#
.)1 A person of le!l !e, unless he or she is +hild by nture of the
dopter or his or her spouse, or, prior to the doption, sid person hs been
+onsistently +onsidered nd treted by the dopter s his or her own +hild
durin! minority.
.01 An lien with whose !overnment the Republi+ of the Philippines hs no
diplomti+ reltions2 nd
.41 A person who hs lredy been dopted unless su+h doption hs been
previously revo5ed or res+inded. .4<, &. O. =) nd P? 9<41
Art. )88. $he written +onsent of the followin! to the doption shll be ne+essry#
.)1 $he person to be dopted, if ten yers of !e or over,
.01 $he prents by nture of the +hild, the le!l !urdin, or the proper
!overnment instrumentlity2
.41 $he le!itimte nd dopted +hildren, ten yers of !e or over, of the
doptin! prent or prents2
.61 $he ille!itimte +hildren, ten yers of !e or over, of the doptin!
prent, if livin! with sid prent nd the ltter:s spouse, if ny2 nd
./1 $he spouse, if ny, of the person doptin! or to be dopted. .4), &. O. =) nd
P? 9<41
Art. )8=. Adoption shll hve the followin! effe+ts#
.)1 "or +ivil purposes, the dopted shll be deemed to be le!itimte +hild
of the dopters nd both shll +*uire the re+ipro+l ri!hts nd obli!tions
risin! from the reltionship of prent nd +hild, in+ludin! the ri!ht of the
dopted to use the surnme of the dopters2
.01 $he prentl uthority of the prents by nture over the dopted shll
terminte nd be vested in the dopters, e-+ept tht if the dopter is the
spouse of the prent by nture of the dopted, prentl uthority over the
dopted shll be e-er+ised ,ointly by both spouses2 nd
.41 $he dopted shll remin n intestte heir of his prents nd other
blood reltives. .4=.)1, .41, P? 9<41
Art. )=<. %e!l or intestte su++ession to the estte of the dopted shll be
!overned by the followin! rules#
.)1 %e!itimte nd ille!itimte +hildren nd des+endnts nd the survivin!
spouse of the dopted shll inherit from the dopted, in ++ordn+e with
the ordinry rules of le!l or intestte su++ession2
.01 >hen the prents, le!itimte or ille!itimte, or the le!itimte
s+endnts of the dopted +on+ur with the dopter, they shll divide the
entire estte, one;hlf to be inherited by the prents or s+endnts nd the
other hlf, by the dopters2
.41 >hen the survivin! spouse or the ille!itimte +hildren of the dopted
+on+ur with the dopters, they shll divide the entire estte in e*ul shres,
one;hlf to be inherited by the spouse or the ille!itimte +hildren of the
dopted nd the other hlf, by the dopters.
.61 >hen the dopters +on+ur with the ille!itimte +hildren nd the
survivin! spouse of the dopted, they shll divide the entire estte in e*ul
shres, one;third to be inherited by the ille!itimte +hildren, one;third by
the survivin! spouse, nd one;third by the dopters2
./1 >hen only the dopters survive, they shll inherit the entire estte2 nd
.91 >hen only +ollterl blood reltives of the dopted survive, then the
ordinry rules of le!l or intestte su++ession shll pply. .4=.61, P? 9<41
Art. )=). If the dopted is minor or otherwise in+p+itted, the doption my
be ,udi+illy res+inded upon petition of ny person uthori3ed by the +ourt or
proper !overnment instrumentl +tin! on his behlf, on the sme !rounds
pres+ribed for loss or suspension of prentl uthority. If the dopted is t lest
ei!hteen yers of !e, he my petition for ,udi+il res+ission of the doption on
the sme !rounds pres+ribed for disinheritin! n s+endnt. .6<, P? 9<41
Art. )=0. $he dopters my petition the +ourt for the ,udi+il res+ission of the
doption in ny of the followin! +ses#
.)1 If the dopted hs +ommitted ny +t +onstitutin! !round for
disinheritin! des+endnt2 or
.01 >hen the dopted hs bndoned the home of the dopters durin!
minority for t lest one yer, or, by some other +ts, hs definitely
repudited the doption. .6), P? 9<41
Art. )=4. If the dopted minor hs not re+hed the !e of m,ority t the time of
the ,udi+il res+ission of the doption, the +ourt in the sme pro+eedin! shll
reinstte the prentl uthority of the prents by nture, unless the ltter re
dis*ulified or in+p+itted, in whi+h +se the +ourt shll ppoint !urdin
over the person nd property of the minor. If the dopted person is physi+lly or
mentlly hndi+pped, the +ourt shll ppoint in the sme pro+eedin! !urdin
over his person or property or both.
Hudi+il res+ission of the doption shll e-tin!uish ll re+ipro+l ri!hts nd
obli!tions between the dopters nd the dopted risin! from the reltionship of
prent nd +hild. $he dopted shll li5ewise lose the ri!ht to use the surnmes of
the dopters nd shll resume his surnme prior to the doption.
$he +ourt shll ++ordin!ly order the mendment of the re+ords in the proper
re!istries. .60, P? 9<41

$I$%& BIII

@UPPOR$

Art. )=6. @upport +omprises everythin! indispensble for sustenn+e, dwellin!,
+lothin!, medi+l ttendn+e, edu+tion nd trnsporttion, in 5eepin! with the
finn+il +p+ity of the fmily.
$he edu+tion of the person entitled to be supported referred to in the pre+edin!
pr!rph shll in+lude his s+hoolin! or trinin! for some profession, trde or
vo+tion, even beyond the !e of m,ority. $rnsporttion shll in+lude e-penses
in !oin! to nd from s+hool, or to nd from pl+e of wor5. .0=<1
Art. )</. @ub,e+t to the provisions of the su++eedin! rti+les, the followin! re
obli!ed to support e+h other to the whole e-tent set forth in the pre+edin!
rti+le#
.)1 $he spouses2
.01 %e!itimte s+endnts nd des+endnts2
.41 Prents nd their le!itimte +hildren nd the le!itimte nd ille!itimte
+hildren of the ltter2
.61 Prents nd their ille!itimte +hildren nd the le!itimte nd ille!itimte
+hildren of the ltter2 nd
./1 %e!itimte brothers nd sisters, whether of full or hlf;blood .0=)1
Art. )=9. Crothers nd sisters not le!itimtely relted, whether of the full or hlf;
blood, re li5ewise bound to support e+h other to the full e-tent set forth in
Arti+le )=6, e-+ept only when the need for support of the brother or sister, bein!
of !e, is due to +use imputble to the +limnt:s fult or ne!li!en+e. .0=)1
Art. )=7. In +se of le!itimte s+endnts2 des+endnts, whether le!itimte or
ille!itimte2 nd brothers nd sisters, whether le!itimtely or ille!itimtely
relted, only the seprte property of the person obli!ed to !ive support shll be
nswerble provided tht in +se the obli!or hs no seprte property, the
bsolute +ommunity or the +on,u!l prtnership, if finn+illy +pble, shll
dvn+e the support, whi+h shll be dedu+ted from the shre of the spouse
obli!ed upon the li*uidtion of the bsolute +ommunity or of the +on,u!l
prtnership. .n1
Art. )=8. ?urin! the pro+eedin!s for le!l seprtion or for nnulment of
mrri!e, nd for de+lrtion of nullity of mrri!e, the spouses nd their
+hildren shll be supported from the properties of the bsolute +ommunity or the
+on,u!l prtnership. After the finl ,ud!ment !rntin! the petition, the obli!tion
of mutul support between the spouses +eses. Aowever, in +se of le!l
seprtion, the +ourt my order tht the !uilty spouse shll !ive support to the
inno+ent one, spe+ifyin! the terms of su+h order. .0=01
Art. )==. >henever two or more persons re obli!ed to !ive support, the libility
shll devolve upon the followin! persons in the order herein provided#
.)1 $he spouse2
.01 $he des+endnts in the nerest de!ree2
.41 $he s+endnts in the nerest de!ree2 nd
.61 $he brothers nd sisters. .0=61
Art. 0<<. >hen the obli!tion to !ive support flls upon two or more persons, the
pyment of the sme shll be divided between them in proportion to the
resour+es of e+h.
Aowever, in +se of ur!ent need nd by spe+il +ir+umstn+es, the ,ud!e my
order only one of them to furnish the support provisionlly, without pre,udi+e to
his ri!ht to +lim from the other obli!ors the shre due from them.
>hen two or more re+ipients t the sme time +lim support from one nd the
sme person le!lly obli!ed to !ive it, should the ltter not hve suffi+ient mens
to stisfy ll +lims, the order estblished in the pre+edin! rti+le shll be
followed, unless the +on+urrent obli!ees should be the spouse nd +hild sub,e+t
to prentl uthority, in whi+h +se the +hild shll be preferred. .0=/1
Art. 0<). $he mount of support, in the +ses referred to in Arti+les )=/ nd )=9,
shll be in proportion to the resour+es or mens of the !iver nd to the
ne+essities of the re+ipient. .0=91
Art. 0<0. @upport in the +ses referred to in the pre+edin! rti+le shll be redu+ed
or in+resed proportiontely, ++ordin! to the redu+tion or in+rese of the
ne+essities of the re+ipient nd the resour+es or mens of the person obli!ed to
furnish the sme. .0=71+hn robles virtul lw librry
Art. 0<4. $he obli!tion to !ive support shll be demndble from the time the
person who hs ri!ht to re+eive the sme needs it for mintenn+e, but it shll
not be pid e-+ept from the dte of ,udi+il or e-tr;,udi+il demnd.
@upport pendente lite my be +limed in ++ordn+e with the Rules of Court.
Pyment shll be mde within the first five dys of e+h +orrespondin! month or
when the re+ipient dies, his heirs shll not be obli!ed to return wht he hs
re+eived in dvn+e..0=81
Art. 0<6. $he person obli!ed to !ive support shll hve the option to fulfill the
obli!tion either by pyin! the llown+e fi-ed, or by re+eivin! nd mintinin!
in the fmily dwellin! the person who hs ri!ht to re+eive support. $he ltter
lterntive +nnot be viled of in +se there is morl or le!l obst+le
thereto. .0==1
Art. 0</. $he ri!ht to re+eive support under this $itle s well s ny money or
property obtined s su+h support shll not be levied upon on tt+hment or
e-e+ution. .4<01
Art. 0<9. >hen, without the 5nowled!e of the person obli!ed to !ive support, it is
!iven by strn!er, the ltter shll hve ri!ht to +lim the sme from the
former, unless it ppers tht he !ve it without intention of bein!
reimbursed. .0)961
Art. 0<7. >hen the person obli!ed to support nother un,ustly refuses or fils to
!ive support when ur!ently needed by the ltter, ny third person my furnish
support to the needy individul, with ri!ht of reimbursement from the person
obli!ed to !ive support. $his Arti+le shll prti+ulrly pply when the fther or
mother of +hild under the !e of m,ority un,ustly refuses to support or fils to
!ive support to the +hild when ur!ently needed. .0)991
Art. 0<8. In +se of +ontr+tul support or tht !iven by will, the e-+ess in
mount beyond tht re*uired for le!l support shll be sub,e+t to levy on
tt+hment or e-e+ution.
"urthermore, +ontr+tul support shll be sub,e+t to d,ustment whenever
modifi+tion is ne+essry due to +hn!es of +ir+umstn+es mnifestly beyond the
+ontempltion of the prties. .n1

$I$%& IF

PAR&N$A% AU$AORI$G

Chpter ). (enerl Provisions

Art. 0<=. Pursunt to the nturl ri!ht nd duty of prents over the person nd
property of their unemn+ipted +hildren, prentl uthority nd responsibility
shll in+lude the +rin! for nd rerin! them for +ivi+ +ons+iousness nd
effi+ien+y nd the development of their morl, mentl nd physi+l +hr+ter nd
well;bein!. .n1
Art. 0)<. Prentl uthority nd responsibility my not be renoun+ed or
trnsferred e-+ept in the +ses uthori3ed by lw. .4)41
Art. 0)). $he fther nd the mother shll ,ointly e-er+ise prentl uthority over
the persons of their +ommon +hildren. In +se of dis!reement, the fther:s
de+ision shll previl, unless there is ,udi+il order to the +ontrry.
Children shll lwys observe respe+t nd reveren+e towrds their prents nd
re obli!ed to obey them s lon! s the +hildren re under prentl
uthority. .4))1 +hn robles virtul lw librry
Art. 0)0. In +se of bsen+e or deth of either prent, the prent present shll
+ontinue e-er+isin! prentl uthority. $he remrri!e of the survivin! prent
shll not ffe+t the prentl uthority over the +hildren, unless the +ourt ppoints
nother person to be the !urdin of the person or property of the +hildren. .n1
Art. 0)4. In +se of seprtion of the prents, prentl uthority shll be
e-er+ised by the prent desi!nted by the Court. $he Court shll t5e into
++ount ll relevnt +onsidertions, espe+illy the +hoi+e of the +hild over seven
yers of !e, unless the prent +hosen is unfit. .n1
Art. 0)6. In +se of deth, bsen+e or unsuitbility of the prents, substitute
prentl uthority shll be e-er+ised by the survivin! !rndprent. In +se
severl survive, the one desi!nted by the +ourt, t5in! into ++ount the sme
+onsidertion mentioned in the pre+edin! rti+le, shll e-er+ise the uthority. .4//1
Art. 0)/. No des+endnt shll be +ompelled, in +riminl +se, to testify !inst
his prents nd !rndprents, e-+ept when su+h testimony is indispensble in
+rime !inst the des+endnt or by one prent !inst the other. .4)/1

Chpter 0. @ubstitute nd @pe+il Prentl Authority

Art. 0)9. In defult of prents or ,udi+illy ppointed !urdin, the followin!
person shll e-er+ise substitute prentl uthority over the +hild in the order
indi+ted#
.)1 $he survivin! !rndprent, s provided in Art. 0)62
.01 $he oldest brother or sister, over twenty;one yers of !e, unless unfit
or dis*ulified2 nd
.41 $he +hild:s +tul +ustodin, over twenty;one yers of !e, unless unfit
or dis*ulified.
>henever the ppointment or ,udi+il !urdin over the property of the +hild
be+omes ne+essry, the sme order of preferen+e shll be observed. .46=, 4/), 4/61
Art. 0)7. In +se of foundlin!s, bndoned ne!le+ted or bused +hildren nd
other +hildren similrly situted, prentl uthority shll be entrusted in summry
,udi+il pro+eedin!s to heds of +hildren:s homes, orphn!es nd similr
institutions duly ++redited by the proper !overnment !en+y. .4)61
Art. 0)8. $he s+hool, its dministrtors nd te+hers, or the individul, entity or
institution en!!ed in +hild re shll hve spe+il prentl uthority nd
responsibility over the minor +hild while under their supervision, instru+tion or
+ustody.
Authority nd responsibility shll pply to ll uthori3ed +tivities whether inside
or outside the premises of the s+hool, entity or institution. .46=1
Art. )0=. $hose !iven the uthority nd responsibility under the pre+edin! Arti+le
shll be prin+iplly nd solidrily lible for dm!es +used by the +ts or
omissions of the unemn+ipted minor. $he prents, ,udi+il !urdins or the
persons e-er+isin! substitute prentl uthority over sid minor shll be
subsidirily lible.
$he respe+tive libilities of those referred to in the pre+edin! pr!rph shll not
pply if it is proved tht they e-er+ised the proper dili!en+e re*uired under the
prti+ulr +ir+umstn+es.
All other +ses not +overed by this nd the pre+edin! rti+les shll be !overned
by the provisions of the Civil Code on *usi;deli+ts. .n1

Chpter 4. &ffe+t of Prentl Authority
Upon the Persons of the Children

Art. 00<. $he prents nd those e-er+isin! prentl uthority shll hve with the
respe+t to their unemn+ipted +hildren on wrds the followin! ri!hts nd duties#
.)1 $o 5eep them in their +ompny, to support, edu+te nd instru+t them
by ri!ht pre+ept nd !ood e-mple, nd to provide for their upbrin!in! in
5eepin! with their mens2
.01 $o !ive them love nd ffe+tion, dvi+e nd +ounsel, +ompnionship nd
understndin!2
.41 $o provide them with morl nd spiritul !uidn+e, in+ul+te in them
honesty, inte!rity, self;dis+ipline, self;relin+e, industry nd thrift, stimulte
their interest in +ivi+ ffirs, nd inspire in them +omplin+e with the duties
of +iti3enship2
.61 $o furnish them with !ood nd wholesome edu+tionl mterils,
supervise their +tivities, re+retion nd sso+ition with others, prote+t
them from bd +ompny, nd prevent them from +*uirin! hbits
detrimentl to their helth, studies nd morls2
./1 $o represent them in ll mtters ffe+tin! their interests2
.91 $o demnd from them respe+t nd obedien+e2
.71 $o impose dis+ipline on them s my be re*uired under the
+ir+umstn+es2 nd
.81 $o perform su+h other duties s re imposed by lw upon prents nd
!urdins. .4)91
Art. 00). Prents nd other persons e-er+isin! prentl uthority shll be +ivilly
lible for the in,uries nd dm!es +used by the +ts or omissions of their
unemn+ipted +hildren livin! in their +ompny nd under their prentl
uthority sub,e+t to the pproprite defenses provided by lw. .0)8<.01 nd .61 1
Art. 000. $he +ourts my ppoint !urdin of the +hild:s property or !urdin
d litem when the best interests of the +hild so re*uires. .4)71
Art. 004. $he prents or, in their bsen+e or in+p+ity, the individul, entity or
institution e-er+isin! prentl uthority, my petition the proper +ourt of the
pl+e where the +hild resides, for n order providin! for dis+iplinry mesures
over the +hild. $he +hild shll be entitled to the ssistn+e of +ounsel, either of
his +hoi+e or ppointed by the +ourt, nd summry herin! shll be +ondu+ted
wherein the petitioner nd the +hild shll be herd.
Aowever, if in the sme pro+eedin! the +ourt finds the petitioner t fult,
irrespe+tive of the merits of the petition, or when the +ir+umstn+es so wrrnt,
the +ourt my lso order the deprivtion or suspension of prentl uthority or
dopt su+h other mesures s it my deem ,ust nd proper. .4)81
Art. 006. $he mesures referred to in the pre+edin! rti+le my in+lude the
+ommitment of the +hild for not more thn thirty dys in entities or institutions
en!!ed in +hild +re or in +hildren:s homes duly ++redited by the proper
!overnment !en+y.
$he prent e-er+isin! prentl uthority shll not interfere with the +re of the
+hild whenever +ommitted but shll provide for his support. Upon proper petition
or t its own instn+e, the +ourt my terminte the +ommitment of the +hild
whenever ,ust nd proper. .4=)1

Chpter 6. &ffe+t of Prentl Authority Upon
the Property of the Children

Art. 00/. $he fther nd the mother shll ,ointly e-er+ise le!l !urdinship over
the property of the unemn+ipted +ommon +hild without the ne+essity of +ourt
ppointment. In +se of dis!reement, the fther:s de+ision shll previl, unless
there is ,udi+il order to the +ontrry.
>here the mr5et vlue of the property or the nnul in+ome of the +hild
e-+eeds P/<,<<<, the prent +on+erned shll be re*uired to furnish bond in
su+h mount s the +ourt my determine, but not less thn ten per centum .)<I1
of the vlue of the property or nnul in+ome, to !urntee the performn+e of
the obli!tions pres+ribed for !enerl !urdins.
A verified petition for pprovl of the bond shll be filed in the proper +ourt of the
pl+e where the +hild resides, or, if the +hild resides in forei!n +ountry, in the
proper +ourt of the pl+e where the property or ny prt thereof is situted.
$he petition shll be do+5eted s summry spe+il pro+eedin! in whi+h ll
in+idents nd issues re!rdin! the performn+e of the obli!tions referred to in
the se+ond pr!rph of this Arti+le shll be herd nd resolved.
$he ordinry rules on !urdinship shll be merely suppletory e-+ept when the
+hild is under substitute prentl uthority, or the !urdin is strn!er, or
prent hs remrried, in whi+h +se the ordinry rules on !urdinship shll
pply. .40<1
Art. 009. $he property of the unemn+ipted +hild erned or +*uired with his
wor5 or industry or by onerous or !rtuitous title shll belon! to the +hild in
ownership nd shll be devoted e-+lusively to the ltter:s support nd edu+tion,
unless the title or trnsfer provides otherwise.
$he ri!ht of the prents over the fruits nd in+ome of the +hild:s property shll be
limited primrily to the +hild:s support nd se+ondrily to the +olle+tive dily
needs of the fmily. .40), 4041
Art. 007. If the prents entrust the mn!ement or dministrtion of ny of their
properties to n unemn+ipted +hild, the net pro+eeds of su+h property shll
belon! to the owner. $he +hild shll be !iven resonble monthly llown+e in
n mount not less thn tht whi+h the owner would hve pid if the
dministrtor were strn!er, unless the owner, !rnts the entire pro+eeds to
the +hild. In ny +se, the pro+eeds thus !ive in whole or in prt shll not be
+hr!ed to the +hild:s le!itime. .4001

Chpter /. @uspension or $ermintion of Prentl Authority

Art. 008. Prentl uthority termintes permnently#
.)1 Upon the deth of the prents2
.01 Upon the deth of the +hild2 or
.41 Upon emn+iption of the +hild. .4071
Art. 00=. Unless subse*uently revived by finl ,ud!ment, prentl uthority lso
termintes#
.)1 Upon doption of the +hild2
.01 Upon ppointment of !enerl !urdin2
.41 Upon ,udi+il de+lrtion of bndonment of the +hild in +se filed for
the purpose2
.61 Upon finl ,ud!ment of +ompetent +ourt divestin! the prty +on+erned
of prentl uthority2 or
./1 Upon ,udi+il de+lrtion of bsen+e or in+p+ity of the person
e-er+isin! prentl uthority. .4071
Art. 04<. Prentl uthority is suspended upon +onvi+tion of the prent or the
person e-er+isin! the sme of +rime whi+h +rries with it the penlty of +ivil
interdi+tion. $he uthority is utomti+lly reinstted upon servi+e of the penlty
or upon prdon or mnesty of the offender. .44<1
Art. 04). $he +ourt in n +tion filed for the purpose in relted +se my lso
suspend prentl uthority if the prent or the person e-er+isin! the sme#
.)1 $rets the +hild with e-+essive hrshness or +ruelty2
.01 (ives the +hild +orruptin! orders, +ounsel or e-mple2
.41 Compels the +hild to be!2 or
.61 @ub,e+ts the +hild or llows him to be sub,e+ted to +ts of
ls+iviousness.
$he !rounds enumerted bove re deemed to in+lude +ses whi+h hve resulted
from +ulpble ne!li!en+e of the prent or the person e-er+isin! prentl
uthority.
If the de!ree of seriousness so wrrnts, or the welfre of the +hild so demnds,
the +ourt shll deprive the !uilty prty of prentl uthority or dopt su+h other
mesures s my be proper under the +ir+umstn+es.
$he suspension or deprivtion my be revo5ed nd the prentl uthority revived
in +se filed for the purpose or in the sme pro+eedin! if the +ourt finds tht
the +use therefor hs +esed nd will not be repeted. .441
Art. 040. If the person e-er+isin! prentl uthority hs sub,e+ted the +hild or
llowed him to be sub,e+ted to se-ul buse, su+h person shll be permnently
deprived by the +ourt of su+h uthority. .n1
Art. 044. $he person e-er+isin! substitute prentl uthority shll hve the sme
uthority over the person of the +hild s the prents.
In no +se shll the s+hool dministrtor, te+her of individul en!!ed in +hild
+re e-er+isin! spe+il prentl uthority infli+t +orporl punishment upon the
+hild. .n1

$I$%& F

&'ANCIPA$ION AN? A(& O" 'AHORI$G

Art. 046. &mn+iption t5es pl+e by the ttinment of m,ority. Unless
otherwise provided, m,ority +ommen+es t the !e of twenty;one yers.
&mn+iption lso t5es pl+e#
.)1 Cy the mrri!e of the minor2 or
.01 Cy the re+ordin! in the Civil Re!ister of n !reement in publi+
instrument e-e+uted by the prent e-er+isin! prentl uthority nd the
minor t lest ei!hteen yers of !e. @u+h emn+iption shll be
irrevo+ble. .4=7, 4=8, 6<<, 6<)1
Art. 04/. $he provisions !overnin! emn+iption by re+orded !reement shll
lso pply to n orphn minor nd the person e-er+isin! prentl uthority but
the !reement must be pproved by the +ourt before it is re+orded. .n1
Art. 049. &mn+iption for ny +use shll terminte prentl uthority over the
person nd property of the +hild who shll then be *ulified nd responsible for
ll +ts of +ivil life. .6)01
Art. 047. $he nnulment or de+lrtion of nullity of the mrri!e of minor or of
the re+orded !reement mentioned in the fore!oin!. Arti+les 046 nd 04/ shll
revive the prentl uthority over the minor but shll not ffe+t +ts nd
trns+tions tht too5 pl+e prior to the re+ordin! of the finl ,ud!ment in the
Civil Re!ister. .n1

$I$%& FI

@U''ARG HU?ICIA% PROC&&?IN(@ IN $A& "A'I%G %A>

Chpter ). Preftory Provisions

Art. 048. Until modified by the @upreme Court, the pro+edurl rules provided for
in this $itle shll pply s re!rds seprtion in f+t between husbnd nd wife,
bndonment by one of the other, nd in+idents involvin! prentl uthority. .n1

Chpter 0. @eprtion in "+t

Art. 04=. >hen husbnd nd wife re seprted in f+t, or one hs bndoned
the other nd one of them see5s ,udi+il uthori3tion for trns+tion where the
+onsent of the other spouse is re*uired by lw but su+h +onsent is withheld or
+nnot be obtined, verified petition my be filed in +ourt lle!in! the fore!oin!
f+ts.
$he petition shll tt+h the proposed deed, if ny, embodyin! the trns+tion,
nd, if none, shll des+ribe in detil the sid trns+tion nd stte the reson why
the re*uired +onsent thereto +nnot be se+ured. In ny +se, the finl deed duly
e-e+uted by the prties shll be submitted to nd pproved by the +ourt. .n1
Art. 06<. Clims for dm!es by either spouse, e-+ept +osts of the pro+eedin!s,
my be liti!ted only in seprte +tion. .n1
Art. 06). Hurisdi+tion over the petition shll, upon proof of noti+e to the other
spouse, be e-er+ised by the proper +ourt uthori3ed to her fmily +ses, if one
e-ists, or in the re!ionl tril +ourt or its e*uivlent sittin! in the pl+e where
either of the spouses resides. .n1
Art. 060. Upon the filin! of the petition, the +ourt shll notify the other spouse,
whose +onsent to the trns+tion is re*uired, of sid petition, orderin! sid
spouse to show +use why the petition should not be !rnted, on or before the
dte set in sid noti+e for the initil +onferen+e. $he noti+e shll be ++ompnied
by +opy of the petition nd shll be served t the lst 5nown ddress of the
spouse +on+erned. .n1
Art. 064. A preliminry +onferen+e shll be +ondu+ted by the ,ud!e personlly
without the prties bein! ssisted by +ounsel. After the initil +onferen+e, if the
+ourt deems it useful, the prties my be ssisted by +ounsel t the su++eedin!
+onferen+es nd herin!s. .n1
Art. 066. In +se of non;ppern+e of the spouse whose +onsent is sou!ht, the
+ourt shll in*uire into the resons for his filure to pper, nd shll re*uire su+h
ppern+e, if possible. .n1
Art. 06/. If, despite ll efforts, the ttendn+e of the non;+onsentin! spouse is not
se+ured, the +ourt my pro+eed e- prte nd render ,ud!ment s the f+ts nd
+ir+umstn+es my wrrnt. In ny +se, the ,ud!e shll endevor to prote+t the
interests of the non;pperin! spouse. .n1
Art. 069. If the petition is not resolved t the initil +onferen+e, sid petition shll
be de+ided in summry herin! on the bsis of ffidvits, do+umentry
eviden+e or orl testimonies t the sound dis+retion of the +ourt. If testimony is
needed, the +ourt shll spe+ify the witnesses to be herd nd the sub,e+t;mtter
of their testimonies, dire+tin! the prties to present sid witnesses. .n1
Art. 067. $he ,ud!ment of the +ourt shll be immeditely finl nd e-e+utory. .n1
Art. 068. $he petition for ,udi+il uthority to dminister or en+umber spe+ifi+
seprte property of the bndonin! spouse nd to use the fruits or pro+eeds
thereof for the support of the fmily shll lso be !overned by these rules. .n1

Chpter 4. In+idents Involvin! Prentl Authority

Art. 06=. Petitions filed under Arti+les 004, 00/ nd 04/ of this Code involvin!
prentl uthority shll be verified. .n1
Art. 0/<. @u+h petitions shll be verified nd filed in the proper +ourt of the pl+e
where the +hild resides. .n1
Art. 0/). Upon the filin! of the petition, the +ourt shll notify the prents or, in
their bsen+e or in+p+ity, the individuls, entities or institutions e-er+isin!
prentl uthority over the +hild. .n1
Art. 0/0. $he rules in Chpter 0 hereof shll lso !overn summry pro+eedin!s
under this Chpter insofr s they re ppli+ble. .n1

Chpter 6. Other 'tters @ub,e+t to @ummry Pro+eedin!s

Art. 0/4. $he fore!oin! rules in Chpters 0 nd 4 hereof shll li5ewise !overn
summry pro+eedin!s filed under Arti+les 6), /), 9=, 74, =9, )06 nd )07, insofr
s they re ppli+ble. .n1

$I$%& FII

"INA% PROBI@ION@

Art. 0/6. $itles III, IB, B, BI, BIII, IF, FI, nd FB of Coo5 ) of Republi+ A+t No. 489,
otherwise 5nown s the Civil Code of the Philippines, s mended, nd Arti+les
)7, )8, )=, 07, 08, 0=, 4<, 4), 4=, 6<, 6), nd 60 of Presidentil ?e+ree No. 9<4,
otherwise 5nown s the Child nd Gouth >elfre Code, s mended, nd ll lws,
de+rees, e-e+utive orders, pro+lmtions, rules nd re!ultions, or prts thereof,
in+onsistent herewith re hereby repeled.
Art. 0//. If ny provision of this Code is held invlid, ll the other provisions not
ffe+ted thereby shll remin vlid.
Art. 0/9. $his Code shll hve retro+tive effe+t insofr s it does not pre,udi+e or
impir vested or +*uired ri!hts in ++ordn+e with the Civil Code or other lws.
Art. 0/7. $his Code shll t5e effe+t one yer fter the +ompletion of its
publi+tion in newspper of !enerl +ir+ultion, s +ertified by the &-e+utive
@e+retry, Offi+e of the President.
?one in the City of 'nil, this 9th dy of Huly, in the yer of Our %ord, nineteen
hundred nd ei!hty;seven.