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Marriage in the Philippines:
Executive Order No. 209 FAMILY CODE OF THE PHILIPPINES
(As amended by EO No. 227 and RA 9225)
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I, CORAZON C. AQUINO,
President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and promulgate the Family Code of the Philippines,
as follows:
TITLE I
MARRIAGE
Chapter
1. Requisites of Marriage
Article 1.
Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social
institution whose nature, consequences, and incidents are governed by law
and not subject to stipulation, except that marriage settlements may fix
the property relations during the marriage within the limits provided by
this Code. (52a)
Art. 2. No marriage
shall be valid, unless these essential requisites are present:
(1) Legal capacity
of the contracting parties who must be a male and a female; and
(2) Consent
freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal
requisites of marriage are:
(1) Authority
of the solemnizing officer;
(2) A valid
marriage license except in the cases provided for in Chapter 2 of this
Title; and
(3) A marriage
ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they
take each other as husband and wife in the presence of not less than two
witnesses of legal age. (53a, 55a)
Art. 4. The absence
of any of the essential or formal requisites shall render the marriage
void ab initio, except as stated in Article 35 (a).
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally administratively liable. (n)
Art. 5. Any
male or female of the age of eighteen years or upwards not under any of
the impediments mentioned in Articles 37 and 38, may contract marriage.
(54a)
Art. 6. No prescribed
form or religious rite for the solemnization of the marriage is required.
It shall be necessary, however, for the contracting parties to appear personally
before the solemnizing officer and declare in the presence of not less
than two witnesses of legal age that they take each other as husband and
wife. This declaration shall be contained in the marriage certificate which
shall be signed by the contracting parties and their witnesses and attested
by the solemnizing officer.
In case of a
marriage in articulo mortis, when the party at the point of death
is unable to sign the marriage certificate, it shall be sufficient for
one of the witnesses to the marriage to write the name of said party, which
fact shall be attested by the solemnizing officer. (55a)
Art. 7. Marriage
may be solemnized by:
(1) Any incumbent
member of the judiciary within the court's jurisdiction;
(2) Any priest,
rabbi, imam, or minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar
general, acting within the limits of the written authority granted by his
church or religious sect and provided that at least one of the contracting
parties belongs to the solemnizing officer's church or religious sect;
(3) Any ship
captain or airplane chief only in the case mentioned in Article 31;
(4) Any
military commander of a unit to which a chaplain is assigned, in the absence
of the latter, during a military operation, likewise only in the cases
mentioned in Article 32;
(5) Any consul-general,
consul or vice-consul in the case provided in Article 10. (56a)
Article. 8. The
marriage shall be solemnized publicly in the chambers of the judge or in
open court, in the church, chapel or temple, or in the office the consul-general,
consul or vice-consul, as the case may be, and not elsewhere, except in
cases of marriages contracted on the point of death or in remote places
in accordance with Article 29 of this Code, or where both of the parties
request the solemnizing officer in writing in which case the marriage may
be solemnized at a house or place designated by them in a sworn statement
to that effect. (57a)
Art. 9. A marriage
license shall be issued by the local civil registrar of the city or municipality
where either contracting party habitually resides, except in marriages
where no license is required in accordance with Chapter 2 of this Title.
(58a)
Art. 10. Marriages
between Filipino citizens abroad may be solemnized by a consul-general,
consul or vice-consul of the Republic of the Philippines. The issuance
of the marriage license and the duties of the local civil registrar and
of the solemnizing officer with regard to the celebration of marriage shall
be performed by said consular official. (75a)
Art. 11. Where
a marriage license is required, each of the contracting parties shall file
separately a sworn application for such license with the proper local civil
registrar which shall specify the following:
(1) Full name
of the contracting party;
(2) Place of
birth;
(3) Age and
date of birth;
(4) Civil status;
(5) If previously
married, how, when and where the previous marriage was dissolved or annulled;
(6) Present
residence and citizenship;
(7) Degree of
relationship of the contracting parties;
(8) Full name,
residence and citizenship of the father;
(9) Full name,
residence and citizenship of the mother; and
(10) Full name,
residence and citizenship of the guardian or person having charge, in case
the contracting party has neither father nor mother and is under the age
of twenty-one years.
The applicants,
their parents or guardians shall not be required to exhibit their residence
certificates in any formality in connection with the securing of the marriage
license. (59a)
Art. 12. The
local civil registrar, upon receiving such application, shall require the
presentation of the original birth certificates or, in default thereof,
the baptismal certificates of the contracting parties or copies of such
documents duly attested by the persons having custody of the originals.
These certificates or certified copies of the documents by this Article
need not be sworn to and shall be exempt from the documentary stamp tax.
The signature and official title of the person issuing the certificate
shall be sufficient proof of its authenticity.
If either of
the contracting parties is unable to produce his birth or baptismal certificate
or a certified copy of either because of the destruction or loss of the
original or if it is shown by an affidavit of such party or of any other
person that such birth or baptismal certificate has not yet been received
though the same has been required of the person having custody thereof
at least fifteen days prior to the date of the application, such party
may furnish in lieu thereof his current residence certificate or an instrument
drawn up and sworn to before the local civil registrar concerned or any
public official authorized to administer oaths. Such instrument shall contain
the sworn declaration of two witnesses of lawful age, setting forth the
full name, residence and citizenship of such contracting party and of his
or her parents, if known, and the place and date of birth of such party.
The nearest of kin of the contracting parties shall be preferred as witnesses,
or, in their default, persons of good reputation in the province or the
locality.
The presentation
of birth or baptismal certificate shall not be required if the parents
of the contracting parties appear personally before the local civil registrar
concerned and swear to the correctness of the lawful age of said parties,
as stated in the application, or when the local civil registrar shall,
by merely looking at the applicants upon their personally appearing before
him, be convinced that either or both of them have the required age. (60a)
Art. 13. In
case either of the contracting parties has been previously married, the
applicant shall be required to furnish, instead of the birth or baptismal
certificate required in the last preceding article, the death certificate
of the deceased spouse or the judicial decree of the absolute divorce,
or the judicial decree of annulment or declaration of nullity of his or
her previous marriage.
In case the
death certificate cannot be secured, the party shall make an affidavit
setting forth this circumstance and his or her actual civil status and
the name and date of death of the deceased spouse. (61a)
Art. 14. In
case either or both of the contracting parties, not having been emancipated
by a previous marriage, are between the ages of eighteen and twenty-one,
they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of
their father, mother, surviving parent or guardian, or persons having legal
charge of them, in the order mentioned. Such consent shall be manifested
in writing by the interested party, who personally appears before the proper
local civil registrar, or in the form of an affidavit made in the presence
of two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in both
applications for marriage license, and the affidavit, if one is executed
instead, shall be attached to said applications. (61a)
Art. 15. Any
contracting party between the age of twenty-one and twenty-five shall be
obliged to ask their parents or guardian for advice upon the intended marriage.
If they do not obtain such advice, or if it be unfavorable, the marriage
license shall not be issued till after three months following the completion
of the publication of the application therefor. A sworn statement by the
contracting parties to the effect that such advice has been sought, together
with the written advice given, if any, shall be attached to the application
for marriage license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement. (62a)
Art. 16. In
the cases where parental consent or parental advice is needed, the party
or parties concerned shall, in addition to the requirements of the preceding
articles, attach a certificate issued by a priest, imam or minister authorized
to solemnize marriage under Article 7 of this Code or a marriage counselor
duly accredited by the proper government agency to the effect that the
contracting parties have undergone marriage counseling. Failure to attach
said certificates of marriage counseling shall suspend the issuance of
the marriage license for a period of three months from the completion of
the publication of the application. Issuance of the marriage license within
the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.
Should only
one of the contracting parties need parental consent or parental advice,
the other party must be present at the counseling referred to in the preceding
paragraph. (n)
Art. 17. The
local civil registrar shall prepare a notice which shall contain the full
names and residences of the applicants for a marriage license and other
data given in the applications. The notice shall be posted for ten consecutive
days on a bulletin board outside the office of the local civil registrar
located in a conspicuous place within the building and accessible to the
general public. This notice shall request all persons having knowledge
of any impediment to the marriage to advise the local civil registrar thereof.
The marriage license shall be issued after the completion of the period
of publication. (63a)
Art. 18. In
case of any impediment known to the local civil registrar or brought to
his attention, he shall note down the particulars thereof and his findings
thereon in the application for marriage license, but shall nonetheless
issue said license after the completion of the period of publication, unless
ordered otherwise by a competent court at his own instance or that of any
interest party. No filing fee shall be charged for the petition nor a corresponding
bond required for the issuances of the order. (64a)
Art. 19. The
local civil registrar shall require the payment of the fees prescribed
by law or regulations before the issuance of the marriage license. No other
sum shall be collected in the nature of a fee or tax of any kind for the
issuance of said license. It shall, however, be issued free of charge to
indigent parties, that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact established by
their affidavit, or by their oath before the local civil registrar. (65a)
Art. 20. The
license shall be valid in any part of the Philippines for a period of one
hundred twenty days from the date of issue, and shall be deemed automatically
canceled at the expiration of the said period if the contracting parties
have not made use of it. The expiry date shall be stamped in bold characters
on the face of every license issued. (65a)
Art. 21. When
either or both of the contracting parties are citizens of a foreign country,
it shall be necessary for them before a marriage license can be obtained,
to submit a certificate of legal capacity to contract marriage, issued
by their respective diplomatic or consular officials.
Stateless persons
or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances
showing such capacity to contract marriage. (66a)
Art. 22. The
marriage certificate, in which the parties shall declare that they take
each other as husband and wife, shall also state:
(1) The full
name, sex and age of each contracting party;
(2) Their citizenship,
religion and habitual residence;
(3) The date
and precise time of the celebration of the marriage;
(4) That the
proper marriage license has been issued according to law, except in marriage
provided for in Chapter 2 of this Title;
(5) That either
or both of the contracting parties have secured the parental consent in
appropriate cases;
(6) That either
or both of the contracting parties have complied with the legal requirement
regarding parental advice in appropriate cases; and
(7) That the
parties have entered into marriage settlement, if any, attaching a copy
thereof. (67a)
Art. 23. It shall
be the duty of the person solemnizing the marriage to furnish either of
the contracting parties the original of the marriage certificate referred
to in Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the local
civil registrar of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the solemnizing
officer transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage
certificate, the copy of the marriage certificate, the original of the
marriage license and, in proper cases, the affidavit of the contracting
party regarding the solemnization of the marriage in place other than those
mentioned in Article 8. (68a)
Art. 24. It
shall be the duty of the local civil registrar to prepare the documents
required by this Title, and to administer oaths to all interested parties
without any charge in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be exempt from
documentary stamp tax. (n)
Art. 25. The
local civil registrar concerned shall enter all applications for marriage
licenses filed with him in a registry book strictly in the order in which
the same are received. He shall record in said book the names of the applicants,
the date on which the marriage license was issued, and such other data
as may be necessary. (n)
Art. 26. All
marriages solemnized outside the Philippines, in accordance with the laws
in force in the country where they were solemnized, and valid there as
such, shall also be valid in this country, except those prohibited under
Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage
between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall have capacity to remarry
under Philippine law. (As amended by Executive Order 227)
Chapter
2. Marriages Exempted from License Requirement
Art. 27. In
case either or both of the contracting parties are at the point of death,
the marriage may be solemnized without necessity of a marriage license
and shall remain valid even if the ailing party subsequently survives.
(72a)
Art. 28. If
the residence of either party is so located that there is no means of transportation
to enable such party to appear personally before the local civil registrar,
the marriage may be solemnized without necessity of a marriage license.
(72a)
Art. 29. In
the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or
any other person legally authorized to administer oaths that the marriage
was performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that there is no
means of transportation to enable such party to appear personally before
the local civil registrar and that the officer took the necessary steps
to ascertain the ages and relationship of the contracting parties and the
absence of legal impediment to the marriage. (72a)
Art. 30. The
original of the affidavit required in the last preceding article, together
with the legible copy of the marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of the municipality
where it was performed within the period of thirty days after the performance
of the marriage. (75a)
Art. 31. A marriage
in articulo mortis between passengers or crew members may also be solemnized
by a ship captain or by an airplane pilot not only while the ship is at
sea or the plane is in flight, but also during stopovers at ports of call.
(74a)
Art. 32. A military
commander of a unit, who is a commissioned officer, shall likewise have
authority to solemnize marriages in articulo mortis between persons within
the zone of military operation, whether members of the armed forces or
civilians. (74a)
Art. 33. Marriages
among Muslims or among members of the ethnic cultural communities may be
performed validly without the necessity of marriage license, provided they
are solemnized in accordance with their customs, rites or practices.
(78a)
Art. 34. No
license shall be necessary for the marriage of a man and a woman who have
lived together as husband and wife for at least five years and without
any legal impediment to marry each other. The contracting parties shall
state the foregoing facts in an affidavit before any person authorized
by law to administer oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the contracting parties
are found no legal impediment to the marriage. (76a)
Chapter
3. Void and Voidable Marriages
Art. 35. The
following marriages shall be void from the beginning:
(1) Those contracted
by any party below eighteen years of age even with the consent of parents
or guardians;
(2) Those solemnized
by any person not legally authorized to perform marriages unless such marriages
were contracted with either or both parties believing in good faith that
the solemnizing officer had the legal authority to do so;
(3) Those solemnized
without license, except those covered the preceding Chapter;
(4) Those bigamous
or polygamous marriages not failing under Article 41;
(5) Those contracted
through mistake of one contracting party as to the identity of the other;
and
(6) Those subsequent
marriages that are void under Article 53.
Art. 36. A marriage
contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after
its solemnization. (As amended by Executive Order 227)
Art. 37. Marriages
between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between
ascendants and descendants of any degree; and
(2) Between
brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following
marriages shall be void from the beginning for reasons of public policy:
(1) Between
collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
(2) Between
step-parents and step-children;
(3) Between
parents-in-law and children-in-law;
(4) Between
the adopting parent and the adopted child;
(5) Between
the surviving spouse of the adopting parent and the adopted child;
(6) Between
the surviving spouse of the adopted child and the adopter;
(7) Between
an adopted child and a legitimate child of the adopter;
(8) Between
adopted children of the same adopter; and
(9) Between
parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)
Art. 39. The action
or defense for the declaration of absolute nullity of a marriage shall
not prescribe. (As amended by Executive Order 227 and Republic
Act No. 8533; The phrase "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"has
been deleted by Republic
Act No. 8533 [Approved February 23, 1998]).
Art. 40. The
absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous
marriage void. (n)
Art. 41. A marriage
contracted by any person during subsistence of a previous marriage shall
be null and void, unless before the celebration of the subsequent marriage,
the prior spouse had been absent for four consecutive years and the spouse
present has a well-founded belief that the absent spouse was already dead.
In case of disappearance where there is danger of death under the circumstances
set forth in the provisions of Article 391 of the Civil
Code, an absence of only two years shall be sufficient.
For the purpose
of contracting the subsequent marriage under the preceding paragraph the
spouse present must institute a summary proceeding as provided in this
Code for the declaration of presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent spouse.
(83a)
Art. 42. The
subsequent marriage referred to in the preceding Article shall be automatically
terminated by the recording of the affidavit of reappearance of the absent
spouse, unless there is a judgment annulling the previous marriage or declaring
it void ab initio.
A sworn statement
of the fact and circumstances of reappearance shall be recorded in the
civil registry of the residence of the parties to the subsequent marriage
at the instance of any interested person, with due notice to the spouses
of the subsequent marriage and without prejudice to the fact of reappearance
being judicially determined in case such fact is disputed. (n)
Art. 43. The
termination of the subsequent marriage referred to in the preceding Article
shall produce the following effects:
(1) The children
of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
(2) The absolute
community of property or the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits of the community
property or conjugal partnership property shall be forfeited in favor of
the common children or, if there are none, the children of the guilty spouse
by a previous marriage or in default of children, the innocent spouse;
(3) Donations
by reason of marriage shall remain valid, except that if the donee contracted
the marriage in bad faith, such donations made to said donee are revoked
by operation of law;
(4) The innocent
spouse may revoke the designation of the other spouse who acted in bad
faith as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable; and
(5) The spouse
who contracted the subsequent marriage in bad faith shall be disqualified
to inherit from the innocent spouse by testate and intestate succession.
(n)
Art. 44. If both
spouses of the subsequent marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked by operation
of law. (n)
Art. 45. A marriage
may be annulled for any of the following causes, existing at the time of
the marriage:
(1) That the
party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both
lived together as husband and wife;
(2) That either
party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;
(3) That the
consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;
(4) That the
consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
(5) That either
party was physically incapable of consummating the marriage with the other,
and such incapacity continues and appears to be incurable; or
(6) That either
party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable. (85a)
Art. 46. Any of
the following circumstances shall constitute fraud referred to in Number
3 of the preceding Article:
(1) Non-disclosure
of a previous conviction by final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment
by the wife of the fact that at the time of the marriage, she was pregnant
by a man other than her husband;
(3) Concealment
of sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; or
(4) Concealment
of drug addiction, habitual alcoholism or homosexuality or lesbianism existing
at the time of the marriage.
No other misrepresentation
or deceit as to character, health, rank, fortune or chastity shall constitute
such fraud as will give grounds for action for the annulment of marriage.
(86a)
Art. 47. The
action for annulment of marriage must be filed by the following persons
and within the periods indicated herein:
(1) For causes
mentioned in number 1 of Article 45 by the party whose parent or guardian
did not give his or her consent, within five years after attaining the
age of twenty-one, or by the parent or guardian or person having legal
charge of the minor, at any time before such party has reached the age
of twenty-one;
(2) For causes
mentioned in number 2 of Article 45, by the same spouse, who had no knowledge
of the other's insanity; or by any relative or guardian or person having
legal charge of the insane, at any time before the death of either party,
or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes
mentioned in number 3 of Article 45, by the injured party, within five
years after the discovery of the fraud;
(4) For causes
mentioned in number 4 of Article 45, by the injured party, within five
years from the time the force, intimidation or undue influence disappeared
or ceased;
(5) For causes
mentioned in number 5 and 6 of Article 45, by the injured party, within
five years after the marriage. (87a)
Art. 48. In all
cases of annulment or declaration of absolute nullity of marriage, the
Court shall order the prosecuting attorney or fiscal assigned to it to
appear on behalf of the State to take steps to prevent collusion between
the parties and to take care that evidence is not fabricated or suppressed.
In the cases
referred to in the preceding paragraph, no judgment shall be based upon
a stipulation of facts or confession of judgment. (88a)
Art. 49. During
the pendency of the action and in the absence of adequate provisions in
a written agreement between the spouses, the Court shall provide for the
support of the spouses and the custody and support of their common children.
The Court shall give paramount consideration to the moral and material
welfare of said children and their choice of the parent with whom they
wish to remain as provided to in Title IX. It shall also provide for appropriate
visitation rights of the other parent. (n)
Art. 50. The
effects provided for by paragraphs (2), (3), (4) and (5) of Article 43
and by Article 44 shall also apply in the proper cases to marriages which
are declared ab initio or annulled by final judgment under Articles 40
and 45.
The final judgment
in such cases shall provide for the liquidation, partition and distribution
of the properties of the spouses, the custody and support of the common
children, and the delivery of third presumptive legitimes, unless such
matters had been adjudicated in previous judicial proceedings.
All creditors
of the spouses as well as of the absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
In the partition,
the conjugal dwelling and the lot on which it is situated, shall be adjudicated
in accordance with the provisions of Articles 102 and 129.
Art. 51. In
said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall
be delivered in cash, property or sound securities, unless the parties,
by mutual agreement judicially approved, had already provided for such
matters.
The children
or their guardian or the trustee of their property may ask for the enforcement
of the judgment.
The delivery
of the presumptive legitimes herein prescribed shall in no way prejudice
the ultimate successional rights of the children accruing upon the death
of either of both of the parents; but the value of the properties already
received under the decree of annulment or absolute nullity shall be considered
as advances on their legitime. (n)
Art. 52. The
judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the same shall not affect
third persons. (n)
Art. 53. Either
of the former spouses may marry again after compliance with the requirements
of the immediately preceding Article; otherwise, the subsequent marriage
shall be null and void.
Art. 54. Children
conceived or born before the judgment of annulment or absolute nullity
of the marriage under Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.
TITLE II
LEGAL SEPARATION
Art. 55. A
petition for legal separation may be filed on any of the following grounds:
(1) Repeated
physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner;
(2) Physical
violence or moral pressure to compel the petitioner to change religious
or political affiliation;
(3) Attempt
of respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
(4) Final judgment
sentencing the respondent to imprisonment of more than six years, even
if pardoned;
(5) Drug addiction
or habitual alcoholism of the respondent;
(6) Lesbianism
or homosexuality of the respondent;
(7) Contracting
by the respondent of a subsequent bigamous marriage, whether in the Philippines
or abroad;
(8) Sexual infidelity
or perversion;
(9) Attempt
by the respondent against the life of the petitioner; or
(10) Abandonment
of petitioner by respondent without justifiable cause for more than one
year.
For purposes of
this Article, the term "child" shall include a child by nature or
by adoption. (9a)
Art. 56. The
petition for legal separation shall be denied on any of the following grounds:
(1) Where the
aggrieved party has condoned the offense or act complained of;
(2) Where the
aggrieved party has consented to the commission of the offense or act complained
of;
(3) Where there
is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation;
(4) Where both
parties have given ground for legal separation;
(5) Where there
is collusion between the parties to obtain decree of legal separation;
or
(6) Where the
action is barred by prescription. (100a)
Art. 57. An action
for legal separation shall be filed within five years from the time of
the occurrence of the cause. (102)
Art. 58. An
action for legal separation shall in no case be tried before six months
shall have elapsed since the filing of the petition. (103)
Art. 59. No
legal separation may be decreed unless the Court has taken steps toward
the reconciliation of the spouses and is fully satisfied, despite such
efforts, that reconciliation is highly improbable. (n)
Art. 60. No
decree of legal separation shall be based upon a stipulation of facts or
a confession of judgment.
In any case,
the Court shall order the prosecuting attorney or fiscal assigned to it
to take steps to prevent collusion between the parties and to take care
that the evidence is not fabricated or suppressed. (101a)
Art. 61. After
the filing of the petition for legal separation, the spouses shall be entitled
to live separately from each other.
The court, in
the absence of a written agreement between the spouses, shall designate
either of them or a third person to administer the absolute community or
conjugal partnership property. The administrator appointed by the court
shall have the same powers and duties as those of a guardian under the
Rules of Court.
(104a)
Art. 62. During
the pendency of the action for legal separation, the provisions of Article
49 shall likewise apply to the support of the spouses and the custody and
support of the common children. (105a)
Art. 63. The
decree of legal separation shall have the following effects:
(1) The spouses
shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute
community or the conjugal partnership shall be dissolved and liquidated
but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall
be forfeited in accordance with the provisions of Article 43(2);
(3) The custody
of the minor children shall be awarded to the innocent spouse, subject
to the provisions of Article 213 of this Code; and
(4) The offending
spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked by operation of
law. (106a)
Art. 64. After
the finality of the decree of legal separation, the innocent spouse may
revoke the donations made by him or by her in favor of the offending spouse,
as well as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable. The revocation
of the donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for revocation
in the registries of property shall be respected. The revocation of or
change in the designation of the insurance beneficiary shall take effect
upon written notification thereof to the insured.
The action to
revoke the donation under this Article must be brought within five years
from the time the decree of legal separation become final. (107a)
Art. 65. If
the spouses should reconcile, a corresponding joint manifestation under
oath duly signed by them shall be filed with the court in the same proceeding
for legal separation. (n)
Art. 66. The
reconciliation referred to in the preceding Articles shall have the following
consequences:
(1) The legal
separation proceedings, if still pending, shall thereby be terminated at
whatever stage; and
(2) The final
decree of legal separation shall be set aside, but the separation of property
and any forfeiture of the share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their former property regime.
The court's order
containing the foregoing shall be recorded in the proper civil registries.
(108a)
Art. 67. The
agreement to revive the former property regime referred to in the preceding
Article shall be executed under oath and shall specify:
(1) The properties
to be contributed anew to the restored regime;
(2) Those to
be retained as separated properties of each spouse; and
(3) The names
of all their known creditors, their addresses and the amounts owing to
each.
The agreement of
revival and the motion for its approval shall be filed with the court in
the same proceeding for legal separation, with copies of both furnished
to the creditors named therein. After due hearing, the court shall, in
its order, take measure to protect the interest of creditors and such order
shall be recorded in the proper registries of properties.
The recording
of the ordering in the registries of property shall not prejudice any creditor
not listed or not notified, unless the debtor-spouse has sufficient separate
properties to satisfy the creditor's claim. (195a, 108a)
TITLE III
RIGHTS
AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The
husband and wife are obliged to live together, observe mutual love, respect
and fidelity, and render mutual help and support. (109a)
Art. 69. The
husband and wife shall fix the family domicile. In case of disagreement,
the court shall decide.
The court may
exempt one spouse from living with the other if the latter should live
abroad or there are other valid and compelling reasons for the exemption.
However, such exemption shall not apply if the same is not compatible with
the solidarity of the family. (110a)
Art. 70. The
spouses are jointly responsible for the support of the family. The expenses
for such support and other conjugal obligations shall be paid from the
community property and, in the absence thereof, from the income or fruits
of their separate properties. In case of insufficiency or absence of said
income or fruits, such obligations shall be satisfied from the separate
properties. (111a)
Art. 71. The
management of the household shall be the right and the duty of both spouses.
The expenses for such management shall be paid in accordance with the provisions
of Article 70. (115a)
Art. 72. When
one of the spouses neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonor or injury to the other
or to the family, the aggrieved party may apply to the court for relief.
(116a)
Art. 73. Either
spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other. The latter may object only on
valid, serious, and moral grounds.
In case of disagreement,
the court shall decide whether or not:
(1) The objection
is proper; and
(2) Benefit
has occurred to the family prior to the objection or thereafter. If the
benefit accrued prior to the objection, the resulting obligation shall
be enforced against the separate property of the spouse who has not obtained
consent.
The foregoing provisions
shall not prejudice the rights of creditors who acted in good faith.
(117a)
TITLE IV
PROPERTY
RELATIONS BETWEEN HUSBAND AND WIFE
Chapter
1. General Provisions
Art. 74. The
property relationship between husband and wife shall be governed in the
following order:
(1) By marriage
settlements executed before the marriage;
(2) By the provisions
of this Code; and
(3) By the local
custom. (118)
Art. 75. The future
spouses may, in the marriage settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property,
or any other regime. In the absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute community of property
as established in this Code shall govern. (119a)
Art. 76. In
order that any modification in the marriage settlements may be valid, it
must be made before the celebration of the marriage, subject to the provisions
of Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The
marriage settlements and any modification thereof shall be in writing,
signed by the parties and executed before the celebration of the marriage.
They shall not prejudice third persons unless they are registered in the
local civil registry where the marriage contract is recorded as well as
in the proper registries of properties. (122a)
Art. 78. A minor
who according to law may contract marriage may also execute his or her
marriage settlements, but they shall be valid only if the persons designated
in Article 14 to give consent to the marriage are made parties to the agreement,
subject to the provisions of Title IX of this Code. (120a)
Art. 79. For
the validity of any marriage settlement executed by a person upon whom
a sentence of civil interdiction has been pronounced or who is subject
to any other disability, it shall be indispensable for the guardian appointed
by a competent court to be made a party thereto. (123a)
Art. 80. In
the absence of a contrary stipulation in a marriage settlement, the property
relations of the spouses shall be governed by Philippine laws, regardless
of the place of the celebration of the marriage and their residence.
This rule shall
not apply:
(1) Where both
spouses are aliens;
(2) With respect
to the extrinsic validity of contracts affecting property not situated
in the Philippines and executed in the country where the property is located;
and
(3) With respect
to the extrinsic validity of contracts entered into in the Philippines
but affecting property situated in a foreign country whose laws require
different formalities for its extrinsic validity. (124a)
Art. 81. Everything
stipulated in the settlements or contracts referred to in the preceding
articles in consideration of a future marriage, including donations between
the prospective spouses made therein, shall be rendered void if the marriage
does not take place. However, stipulations that do not depend upon the
celebration of the marriages shall be valid. (125a)
Chapter
2. Donations by Reason of Marriage
Art. 82. Donations
by reason of marriage are those which are made before its celebration,
in consideration of the same, and in favor of one or both of the future
spouses. (126)
Art. 83. These
donations are governed by the rules on ordinary donations established in
Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.
(127a)
Art. 84. If
the future spouses agree upon a regime other than the absolute community
of property, they cannot donate to each other in their marriage settlements
more than one-fifth of their present property. Any excess shall be considered
void.
Donations of
future property shall be governed by the provisions on testamentary succession
and the formalities of wills. (130a)
Art. 85. Donations
by reason of marriage of property subject to encumbrances shall be valid.
In case of foreclosure of the encumbrance and the property is sold for
less than the total amount of the obligation secured, the donee shall not
be liable for the deficiency. If the property is sold for more than the
total amount of said obligation, the donee shall be entitled to the excess.
(131a)
Art. 86. A donation
by reason of marriage may be revoked by the donor in the following cases:
(1) If the
marriage is not celebrated or judicially declared void ab initio except
donations made in the marriage settlements, which shall be governed by
Article 81;
(2) When the
marriage takes place without the consent of the parents or guardian, as
required by law;
(3) When the
marriage is annulled, and the donee acted in bad faith;
(4) Upon legal
separation, the donee being the guilty spouse;
(5) If it is
with a resolutory condition and the condition is complied with;
(6) When the
donee has committed an act of ingratitude as specified by the provisions
of the Civil Code on donations in general. (132a)
Art. 87. Every
donation or grant of gratuitous advantage, direct or indirect, between
the spouses during the marriage shall be void, except moderate gifts which
the spouses may give each other on the occasion of any family rejoicing.
The prohibition shall also apply to persons living together as husband
and wife without a valid marriage. (133a)
Chapter
3. System of Absolute Community
Section
1. General Provisions
Art. 88. The
absolute community of property between spouses shall commence at the precise
moment that the marriage is celebrated. Any stipulation, express or implied,
for the commencement of the community regime at any other time shall be
void. (145a)
Art. 89. No
waiver of rights, shares and effects of the absolute community of property
during the marriage can be made except in case of judicial separation of
property.
When the waiver
takes place upon a judicial separation of property, or after the marriage
has been dissolved or annulled, the same shall appear in a public instrument
and shall be recorded as provided in Article 77. The creditors of the spouse
who made such waiver may petition the court to rescind the waiver to the
extent of the amount sufficient to cover the amount of their credits.
(146a)
Art. 90. The
provisions on co-ownership shall apply to the absolute community of property
between the spouses in all matters not provided for in this Chapter.
(n)
Section
2. What Constitutes Community Property
Art. 91. Unless
otherwise provided in this Chapter or in the marriage settlements, the
community property shall consist of all the property owned by the spouses
at the time of the celebration of the marriage or acquired thereafter.
(197a)
Art. 92. The
following shall be excluded from the community property:
(1) Property
acquired during the marriage by gratuitous title by either spouse, and
the fruits as well as the income thereof, if any, unless it is expressly
provided by the donor, testator or grantor that they shall form part of
the community property;
(2) Property
for personal and exclusive use of either spouse. However, jewelry shall
form part of the community property;
(3) Property
acquired before the marriage by either spouse who has legitimate descendants
by a former marriage, and the fruits as well as the income, if any, of
such property. (201a)
Art. 93. Property
acquired during the marriage is presumed to belong to the community, unless
it is proved that it is one of those excluded therefrom.
(160)
Section
3. Charges and Obligations of the Absolute Community
Art. 94. The
absolute community of property shall be liable for:
(1) The support
of the spouses, their common children, and legitimate children of either
spouse; however, the support of illegitimate children shall be governed
by the provisions of this Code on Support;
(2) All debts
and obligations contracted during the marriage by the designated administrator-spouse
for the benefit of the community, or by both spouses, or by one spouse
with the consent of the other;
(3) Debts and
obligations contracted by either spouse without the consent of the other
to the extent that the family may have been benefited;
(4) All taxes,
liens, charges and expenses, including major or minor repairs, upon the
community property;
(5) All taxes
and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family;
(6) Expenses
to enable either spouse to commence or complete a professional or vocational
course, or other activity for self-improvement;
(7) Ante-nuptial
debts of either spouse insofar as they have redounded to the benefit of
the family;
(8) The value
of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing
a professional or vocational course or other activity for self-improvement;
(9) Ante-nuptial
debts of either spouse other than those falling under paragraph (7) of
this Article, the support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a crime or a quasi-delict,
in case of absence or insufficiency of the exclusive property of the debtor-spouse,
the payment of which shall be considered as advances to be deducted from
the share of the debtor-spouse upon liquidation of the community; and
(10) Expenses
of litigation between the spouses unless the suit is found to be groundless.
If the community
property is insufficient to cover the foregoing liabilities, except those
falling under paragraph (9), the spouses shall be solidarily liable for
the unpaid balance with their separate properties. (161a,
162a, 163a, 202a-205a)
Art. 95. Whatever
may be lost during the marriage in any game of chance, betting, sweepstakes,
or any other kind of gambling, whether permitted or prohibited by law,
shall be borne by the loser and shall not be charged to the community but
any winnings therefrom shall form part of the community property.
(164a)
Section
4. Ownership, Administrative,
Enjoyment
and Disposition of the Community Property
Art. 96. The
administration and enjoyment of the community property shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall
prevail, subject to recourse to the court by the wife for proper remedy,
which must be availed of within five years from the date of the contract
implementing such decision.
In the event
that one spouse is incapacitated or otherwise unable to participate in
the administration of the common properties, the other spouse may assume
sole powers of administration. These powers do not include disposition
or encumbrance without authority of the court or the written consent of
the other spouse. In the absence of such authority or consent, the disposition
or encumbrance shall be void. However, the transaction shall be construed
as a continuing offer on the part of the consenting spouse and the third
person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors. (206a)
Art. 97. Either
spouse may dispose by will of his or her interest in the community property.
(n)
Art. 98. Neither
spouse may donate any community property without the consent of the other.
However, either spouse may, without the consent of the other, make moderate
donations from the community property for charity or on occasions of family
rejoicing or family distress. (n)
Section
5. Dissolution of Absolute Community Regime
Art. 99. The
absolute community terminates:
(1) Upon the
death of either spouse;
(2) When there
is a decree of legal separation;
(3) When the
marriage is annulled or declared void; or
(4) In case
of judicial separation of property during the marriage under Articles 134
to 138. (175a)
Art. 100. The separation
in fact between husband and wife shall not affect the regime of absolute
community except that:
(1) The spouse
who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the
consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence
of sufficient community property, the separate property of both spouses
shall be solidarily liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof to satisfy the latter's
share. (178a)
Art. 101. If a
spouse without just cause abandons the other or fails to comply with his
or her obligations to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of property or for authority
to be the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.
The obligations
to the family mentioned in the preceding paragraph refer to marital, parental
or property relations.
A spouse is
deemed to have abandoned the other when her or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal
dwelling for a period of three months or has failed within the same period
to give any information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal dwelling. (178a)
Section
6. Liquidation of the Absolute Community
Assets
and Liabilities
Art. 102. Upon
dissolution of the absolute community regime, the following procedure shall
apply:
(1) An inventory
shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse.
(2) The debts
and obligations of the absolute community shall be paid out of its assets.
In case of insufficiency of said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties in accordance
with the provisions of the second paragraph of Article 94.
(3) Whatever
remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The net
remainder of the properties of the absolute community shall constitute
its net assets, which shall be divided equally between husband and wife,
unless a different proportion or division was agreed upon in the marriage
settlements, or unless there has been a voluntary waiver of such share
provided in this Code. For purpose of computing the net profits subject
to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2),
the said profits shall be the increase in value between the market value
of the community property at the time of the celebration of the marriage
and the market value at the time of its dissolution.
(5) The presumptive
legitimes of the common children shall be delivered upon partition, in
accordance with Article 51.
(6) Unless otherwise
agreed upon by the parties, in the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall be adjudicated to the
spouse with whom the majority of the common children choose to remain.
Children below the age of seven years are deemed to have chosen the mother,
unless the court has decided otherwise. In case there in no such majority,
the court shall decide, taking into consideration the best interests of
said children. (n)
Art. 103. Upon
the termination of the marriage by death, the community property shall
be liquidated in the same proceeding for the settlement of the estate of
the deceased.
If no judicial
settlement proceeding is instituted, the surviving spouse shall liquidate
the community property either judicially or extra-judicially within six
months from the death of the deceased spouse. If upon the lapse of the
six months period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be void.
Should the surviving
spouse contract a subsequent marriage without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall
govern the property relations of the subsequent marriage. (n)
Art. 104. Whenever
the liquidation of the community properties of two or more marriages contracted
by the same person before the effectivity of this Code is carried out simultaneously,
the respective capital, fruits and income of each community shall be determined
upon such proof as may be considered according to the rules of evidence.
In case of doubt as to which community the existing properties belong,
the same shall be divided between the different communities in proportion
to the capital and duration of each. (189a)
Chapter
4. Conjugal Partnership of Gains
Section
1. General Provisions
Art. 105. In
case the future spouses agree in the marriage settlements that the regime
of conjugal partnership gains shall govern their property relations during
marriage, the provisions in this Chapter shall be of supplementary application.
The provisions
of this Chapter shall also apply to conjugal partnerships of gains already
established between spouses before the effectivity of this Code, without
prejudice to vested rights already acquired in accordance with the Civil
Code or other laws, as provided in Article 256. (n)
Art. 106. Under
the regime of conjugal partnership of gains, the husband and wife place
in a common fund the proceeds, products, fruits and income from their separate
properties and those acquired by either or both spouses through their efforts
or by chance, and, upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or both spouses shall be divided
equally between them, unless otherwise agreed in the marriage settlements.
(142a)
Art. 107. The
rules provided in Articles 88 and 89 shall also apply to conjugal partnership
of gains. (n)
Art. 108. The
conjugal partnership shall be governed by the rules on the contract of
partnership in all that is not in conflict with what is expressly determined
in this Chapter or by the spouses in their marriage settlements. (147a)
Section
2. Exclusive Property of Each Spouse
Art. 109. The
following shall be the exclusive property of each spouse:
(1) That which
is brought to the marriage as his or her own;
(2) That which
each acquires during the marriage by gratuitous title;
(3) That which
is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
(4) That which
is purchased with exclusive money of the wife or of the husband. (148a)
Art. 110. The spouses
retain the ownership, possession, administration and enjoyment of their
exclusive properties.
Either spouse
may, during the marriage, transfer the administration of his or her exclusive
property to the other by means of a public instrument, which shall be recorded
in the registry of property of the place the property is located.
(137a, 168a, 169a)
Art. 111. A
spouse of age may mortgage, encumber, alienate or otherwise dispose of
his or her exclusive property, without the consent of the other spouse,
and appear alone in court to litigate with regard to the same.
(n)
Art. 112. The
alienation of any exclusive property of a spouse administered by the other
automatically terminates the administration over such property and the
proceeds of the alienation shall be turned over to the owner-spouse. (n)
Art. 113. Property
donated or left by will to the spouses, jointly and with designation of
determinate shares, shall pertain to the donee-spouses as his or her own
exclusive property, and in the absence of designation, share and share
alike, without prejudice to the right of accretion when proper. (150a)
Art. 114. If
the donations are onerous, the amount of the charges shall be borne by
the exclusive property of the donee spouse, whenever they have been advanced
by the conjugal partnership of gains. (151a)
Art. 115. Retirement
benefits, pensions, annuities, gratuities, usufructs and similar benefits
shall be governed by the rules on gratuitous or onerous acquisitions as
may be proper in each case. (n)
Section
3. Conjugal Partnership Property
Art. 116. All
property acquired during the marriage, whether the acquisition appears
to have been made, contracted or registered in the name of one or both
spouses, is presumed to be conjugal unless the contrary is proved. (160a)
Art. 117. The
following are conjugal partnership properties:
(1) Those acquired
by onerous title during the marriage at the expense of the common fund,
whether the acquisition be for the partnership, or for only one of the
spouses;
(2) Those obtained
from the labor, industry, work or profession of either or both of the spouses;
(3) The fruits,
natural, industrial, or civil, due or received during the marriage from
the common property, as well as the net fruits from the exclusive property
of each spouse;
(4) The share
of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found;
(5) Those acquired
through occupation such as fishing or hunting;
(6) Livestock
existing upon the dissolution of the partnership in excess of the number
of each kind brought to the marriage by either spouse; and
(7) Those which
are acquired by chance, such as winnings from gambling or betting. However,
losses therefrom shall be borne exclusively by the loser-spouse. (153a,
154a, 155, 159)
Art. 118. Property
bought on installments paid partly from exclusive funds of either or both
spouses and partly from conjugal funds belongs to the buyer or buyers if
full ownership was vested before the marriage and to the conjugal partnership
if such ownership was vested during the marriage. In either case, any amount
advanced by the partnership or by either or both spouses shall be reimbursed
by the owner or owners upon liquidation of the partnership.
(n)
Art. 119. Whenever
an amount or credit payable within a period of time belongs to one of the
spouses, the sums which may be collected during the marriage in partial
payments or by installments on the principal shall be the exclusive property
of the spouse. However, interests falling due during the marriage on the
principal shall belong to the conjugal partnership. (156a,
157a)
Art. 120. The
ownership of improvements, whether for utility or adornment, made on the
separate property of the spouses at the expense of the partnership or through
the acts or efforts of either or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject to the following
rules:
When the cost
of the improvement made by the conjugal partnership and any resulting increase
in value are more than the value of the property at the time of the improvement,
the entire property of one of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value of the property of the
owner-spouse at the time of the improvement; otherwise, said property shall
be retained in ownership by the owner-spouse, likewise subject to reimbursement
of the cost of the improvement.
In either case,
the ownership of the entire property shall be vested upon the reimbursement,
which shall be made at the time of the liquidation of the conjugal partnership.
(158a)
Section
4. Charges Upon and Obligations of
the Conjugal
Partnership
Art. 121. The
conjugal partnership shall be liable for:
(1) The support
of the spouse, their common children, and the legitimate children of either
spouse; however, the support of illegitimate children shall be governed
by the provisions of this Code on Support;
(2) All debts
and obligations contracted during the marriage by the designated administrator-spouse
for the benefit of the conjugal partnership of gains, or by both spouses
or by one of them with the consent of the other;
(3) Debts and
obligations contracted by either spouse without the consent of the other
to the extent that the family may have benefited;
(4) All taxes,
liens, charges, and expenses, including major or minor repairs upon the
conjugal partnership property;
(5) All taxes
and expenses for mere preservation made during the marriage upon the separate
property of either spouse;
(6) Expenses
to enable either spouse to commence or complete a professional, vocational,
or other activity for self-improvement;
(7) Ante-nuptial
debts of either spouse insofar as they have redounded to the benefit of
the family;
(8) The value
of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing
a professional or vocational course or other activity for self-improvement;
and
(9) Expenses
of litigation between the spouses unless the suit is found to groundless.
If the conjugal
partnership is insufficient to cover the foregoing liabilities, the spouses
shall be solidarily liable for the unpaid balance with their separate properties.
(161a)
Art. 122. The
payment of personal debts contracted by the husband or the wife before
or during the marriage shall not be charged to the conjugal properties
partnership except insofar as they redounded to the benefit of the family.
Neither shall
the fines and pecuniary indemnities imposed upon them be charged to the
partnership.
However, the
payment of personal debts contracted by either spouse before the marriage,
that of fines and indemnities imposed upon them, as well as the support
of illegitimate children of either spouse, may be enforced against the
partnership assets after the responsibilities enumerated in the preceding
Article have been covered, if the spouse who is bound should have no exclusive
property or if it should be insufficient; but at the time of the liquidation
of the partnership, such spouse shall be charged for what has been paid
for the purpose above-mentioned. (163a)
Art. 123. Whatever
may be lost during the marriage in any game of chance or in betting, sweepstakes,
or any other kind of gambling whether permitted or prohibited by law, shall
be borne by the loser and shall not be charged to the conjugal partnership
but any winnings therefrom shall form part of the conjugal partnership
property. (164a)
Section
5. Administration of the
Conjugal
Partnership Property
Art. 124. The
administration and enjoyment of the conjugal partnership shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall
prevail, subject to recourse to the court by the wife for proper remedy,
which must be availed of within five years from the date of the contract
implementing such decision.
In the event
that one spouse is incapacitated or otherwise unable to participate in
the administration of the conjugal properties, the other spouse may assume
sole powers of administration. These powers do not include disposition
or encumbrance without authority of the court or the written consent of
the other spouse. In the absence of such authority or consent, the disposition
or encumbrance shall be void. However, the transaction shall be construed
as a continuing offer on the part of the consenting spouse and the third
person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors. (165a)
Art. 125. Neither
spouse may donate any conjugal partnership property without the consent
of the other. However, either spouse may, without the consent of the other,
make moderate donations from the conjugal partnership property for charity
or on occasions of family rejoicing or family distress. (174a)
Section
6. Dissolution of Conjugal Partnership Regime
Art. 126. The
conjugal partnership terminates:
(1) Upon the
death of either spouse;
(2) When there
is a decree of legal separation;
(3) When the
marriage is annulled or declared void; or
(4) In case
of judicial separation of property during the marriage under Articles 134
to 138. (175a)
Art. 127. The separation
in fact between husband and wife shall not affect the regime of conjugal
partnership, except that:
(1) The spouse
who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the
consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence
of sufficient conjugal partnership property, the separate property of both
spouses shall be solidarily liable for the support of the family. The spouse
present shall, upon petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof to satisfy the latter's
share. (178a)
Art. 128. If a
spouse without just cause abandons the other or fails to comply with his
or her obligation to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of property, or for authority
to be the sole administrator of the conjugal partnership property, subject
to such precautionary conditions as the court may impose.
The obligations
to the family mentioned in the preceding paragraph refer to marital, parental
or property relations.
A spouse is
deemed to have abandoned the other when he or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal
dwelling for a period of three months or has failed within the same period
to give any information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal dwelling.
(167a, 191a)
Section
7. Liquidation of the
Conjugal
Partnership Assets and Liabilities
Art. 129. Upon
the dissolution of the conjugal partnership regime, the following procedure
shall apply:
(1) An inventory
shall be prepared, listing separately all the properties of the conjugal
partnership and the exclusive properties of each spouse.
(2) Amounts
advanced by the conjugal partnership in payment of personal debts and obligations
of either spouse shall be credited to the conjugal partnership as an asset
thereof.
(3) Each spouse
shall be reimbursed for the use of his or her exclusive funds in the acquisition
of property or for the value of his or her exclusive property, the ownership
of which has been vested by law in the conjugal partnership.
(4) The debts
and obligations of the conjugal partnership shall be paid out of the conjugal
assets. In case of insufficiency of said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties, in accordance
with the provisions of paragraph (2) of Article 121.
(5) Whatever
remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(6) Unless the
owner had been indemnified from whatever source, the loss or deterioration
of movables used for the benefit of the family, belonging to either spouse,
even due to fortuitous event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net
remainder of the conjugal partnership properties shall constitute the profits,
which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements or unless
there has been a voluntary waiver or forfeiture of such share as provided
in this Code.
(8) The presumptive
legitimes of the common children shall be delivered upon the partition
in accordance with Article 51.
(9) In the partition
of the properties, the conjugal dwelling and the lot on which it is situated
shall, unless otherwise agreed upon by the parties, be adjudicated to the
spouse with whom the majority of the common children choose to remain.
Children below the age of seven years are deemed to have chosen the mother,
unless the court has decided otherwise. In case there is no such majority,
the court shall decide, taking into consideration the best interests of
said children. (181a, 182a, 183a, 184a, 185a)
Art. 130. Upon
the termination of the marriage by death, the conjugal partnership property
shall be liquidated in the same proceeding for the settlement of the estate
of the deceased.
If no judicial
settlement proceeding is instituted, the surviving spouse shall liquidate
the conjugal partnership property either judicially or extra-judicially
within six months from the death of the deceased spouse. If upon the lapse
of the six-month period no liquidation is made, any disposition or encumbrance
involving the conjugal partnership property of the terminated marriage
shall be void.
Should the surviving
spouse contract a subsequent marriage without compliance with the foregoing
requirements, a mandatory regime of complete separation of property shall
govern the property relations of the subsequent marriage. (n)
Art. 131. Whenever
the liquidation of the conjugal partnership properties of two or more marriages
contracted by the same person before the effectivity of this Code is carried
out simultaneously, the respective capital, fruits and income of each partnership
shall be determined upon such proof as may be considered according to the
rules of evidence. In case of doubt as to which partnership the existing
properties belong, the same shall be divided between the different partnerships
in proportion to the capital and duration of each. (189a)
Art. 132. The
Rules of Court
on the administration of estates of deceased persons shall be observed
in the appraisal and sale of property of the conjugal partnership, and
other matters which are not expressly determined in this Chapter. (187a)
Art. 133. From
the common mass of property support shall be given to the surviving spouse
and to the children during the liquidation of the inventoried property
and until what belongs to them is delivered; but from this shall be deducted
that amount received for support which exceeds the fruits or rents pertaining
to them. (188a)
Chapter
5. Separation of Property of the
Spouses
and Administration of Common Property by
One Spouse
During the Marriage
Art. 134. In
the absence of an express declaration in the marriage settlements, the
separation of property between spouses during the marriage shall not take
place except by judicial order. Such judicial separation of property may
either be voluntary or for sufficient cause. (190a)
Art. 135. Any
of the following shall be considered sufficient cause for judicial separation
of property:
(1) That the
spouse of the petitioner has been sentenced to a penalty which carries
with it civil interdiction;
(2) That the
spouse of the petitioner has been judicially declared an absentee;
(3) That loss
of parental authority of the spouse of petitioner has been decreed by the
court;
(4) That the
spouse of the petitioner has abandoned the latter or failed to comply with
his or her obligations to the family as provided for in Article 101;
(5) That the
spouse granted the power of administration in the marriage settlements
has abused that power; and
(6) That at
the time of the petition, the spouses have been separated in fact for at
least one year and reconciliation is highly improbable.
In the cases provided
for in Numbers (1), (2) and (3), the presentation of the final judgment
against the guilty or absent spouse shall be enough basis for the grant
of the decree of judicial separation of property. (191a)
Art. 136. The
spouses may jointly file a verified petition with the court for the voluntary
dissolution of the absolute community or the conjugal partnership of gains,
and for the separation of their common properties.
All creditors
of the absolute community or of the conjugal partnership of gains, as well
as the personal creditors of the spouse, shall be listed in the petition
and notified of the filing thereof. The court shall take measures to protect
the creditors and other persons with pecuniary interest.
(191a)
Art. 137. Once
the separation of property has been decreed, the absolute community or
the conjugal partnership of gains shall be liquidated in conformity with
this Code.
During the pendency
of the proceedings for separation of property, the absolute community or
the conjugal partnership shall pay for the support of the spouses and their
children. (192a)
Art. 138. After
dissolution of the absolute community or of the conjugal partnership, the
provisions on complete separation of property shall apply. (191a)
Art. 139. The
petition for separation of property and the final judgment granting the
same shall be recorded in the proper local civil registries and registries
of property. (193a)
Art. 140. The
separation of property shall not prejudice the rights previously acquired
by creditors. (194a)
Art. 141. The
spouses may, in the same proceedings where separation of property was decreed,
file a motion in court for a decree reviving the property regime that existed
between them before the separation of property in any of the following
instances:
(1) When the
civil interdiction terminates;
(2) When the
absentee spouse reappears;
(3) When the
court, being satisfied that the spouse granted the power of administration
in the marriage settlements will not again abuse that power, authorizes
the resumption of said administration;
(4) When the
spouse who has left the conjugal home without a decree of legal separation
resumes common life with the other;
(5) When parental
authority is judicially restored to the spouse previously deprived thereof;
(6) When the
spouses who have separated in fact for at least one year, reconcile and
resume common life; or
(7) When after
voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the
spouses, they agree to the revival of the former property regime. No voluntary
separation of property may thereafter be granted.
The revival of
the former property regime shall be governed by Article 67. (195a)
Art. 142. The
administration of all classes of exclusive property of either spouse may
be transferred by the court to the other spouse:
(1) When one
spouse becomes the guardian of the other;
(2) When one
spouse is judicially declared an absentee;
(3) When one
spouse is sentenced to a penalty which carries with it civil interdiction;
or
(4) When one
spouse becomes a fugitive from justice or is in hiding as an accused in
a criminal case.
If the other spouse
is not qualified by reason of incompetence, conflict of interest, or any
other just cause, the court shall appoint a suitable person to be the administrator.
(n)
Chapter
6. Regime of Separation of Property
Art. 143. Should
the future spouses agree in the marriage settlements that their property
relations during marriage shall be governed by the regime of separation
of property, the provisions of this Chapter shall be suppletory. (212a)
Art. 144. Separation
of property may refer to present or future property or both. It may be
total or partial. In the latter case, the property not agreed upon as separate
shall pertain to the absolute community. (213a)
Art. 145. Each
spouse shall own, dispose of, possess, administer and enjoy his or her
own separate estate, without need of the consent of the other. To each
spouse shall belong all earnings from his or her profession, business or
industry and all fruits, natural, industrial or civil, due or received
during the marriage from his or her separate property. (214a)
Art. 146. Both
spouses shall bear the family expenses in proportion to their income, or,
in case of insufficiency or default thereof, to the current market value
of their separate properties.
The liabilities
of the spouses to creditors for family expenses shall, however, be solidary.
(215a)
Chapter
7. Property Regime of Unions Without Marriage
Art. 147. When
a man and a woman who are capacitated to marry each other, live exclusively
with each other as husband and wife without the benefit of marriage or
under a void marriage, their wages and salaries shall be owned by them
in equal shares and the property acquired by both of them through their
work or industry shall be governed by the rules on co-ownership.
In the absence
of proof to the contrary, properties acquired while they lived together
shall be presumed to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by the other
party of any property shall be deemed to have contributed jointly in the
acquisition thereof if the former's efforts consisted in the care and maintenance
of the family and of the household.
Neither party
can encumber or dispose by acts inter vivos of his or her share in the
property acquired during cohabitation and owned in common, without the
consent of the other, until after the termination of their cohabitation.
When only one
of the parties to a void marriage is in good faith, the share of the party
in bad faith in the co-ownership shall be forfeited in favor of their common
children. In case of default of or waiver by any or all of the common children
or their descendants, each vacant share shall belong to the respective
surviving descendants. In the absence of descendants, such share shall
belong to the innocent party. In all cases, the forfeiture shall take place
upon termination of the cohabitation. (144a)
Art. 148. In
cases of cohabitation not falling under the preceding Article, only the
properties acquired by both of the parties through their actual joint contribution
of money, property, or industry shall be owned by them in common in proportion
to their respective contributions. In the absence of proof to the contrary,
their contributions and corresponding shares are presumed to be equal.
The same rule and presumption shall apply to joint deposits of money and
evidences of credit.
If one of the
parties is validly married to another, his or her share in the co-ownership
shall accrue to the absolute community or conjugal partnership existing
in such valid marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the manner provided
in the last paragraph of the preceding Article.
The foregoing
rules on forfeiture shall likewise apply even if both parties are in bad
faith. (144a)
TITLE V
THE FAMILY
Chapter
1. The Family as an Institution
Art. 149. The
family, being the foundation of the nation, is a basic social institution
which public policy cherishes and protects. Consequently, family relations
are governed by law and no custom, practice or agreement destructive of
the family shall be recognized or given effect. (216a, 218a)
Art. 50. Family
relations include those:
(1) Between
husband and wife;
(2) Between
parents and children;
(3) Among brothers
and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit
between members of the same family shall prosper unless it should appear
from the verified complaint or petition that earnest efforts toward a compromise
have been made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall
not apply to cases which may not be the subject of compromise under the
Civil
Code. (222a)
Chapter
2. The Family Home
Art. 152. The
family home, constituted jointly by the husband and the wife or by an unmarried
head of a family, is the dwelling house where they and their family reside,
and the land on which it is situated. (223a)
Art. 153. The
family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its constitution and so
long as any of its beneficiaries actually resides therein, the family home
continues to be such and is exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by
law. (223a)
Art. 154. The
beneficiaries of a family home are:
(1) The husband
and wife, or an unmarried person who is the head of a family; and
(2) Their parents,
ascendants, descendants, brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for legal support. (226a)
Art. 155. The family
home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment
of taxes;
(2) For debts
incurred prior to the constitution of the family home;
(3) For debts
secured by mortgages on the premises before or after such constitution;
and
(4) For debts
due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of
the building. (243a)
Art. 156. The family
home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's
consent. It may also be constituted by an unmarried head of a family on
his or her own property.
Nevertheless,
property that is the subject of a conditional sale on installments where
ownership is reserved by the vendor only to guarantee payment of the purchase
price may be constituted as a family home. (227a, 228a)
Art. 157. The
actual value of the family home shall not exceed, at the time of its constitution,
the amount of the three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such amounts as may hereafter
be fixed by law.
In any event,
if the value of the currency changes after the adoption of this Code, the
value most favorable for the constitution of a family home shall be the
basis of evaluation.
For purposes
of this Article, urban areas are deemed to include chartered cities and
municipalities whose annual income at least equals that legally required
for chartered cities. All others are deemed to be rural areas. (231a)
Art. 158. The
family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written consent of the person constituting
the same, the latter's spouse, and a majority of the beneficiaries of legal
age. In case of conflict, the court shall decide. (235a)
Art. 159. The
family home shall continue despite the death of one or both spouses or
of the unmarried head of the family for a period of ten years or for as
long as there is a minor beneficiary, and the heirs cannot partition the
same unless the court finds compelling reasons therefor. This rule shall
apply regardless of whoever owns the property or constituted the family
home. (238a)
Art. 160. When
a creditor whose claims is not among those mentioned in Article 155 obtains
a judgment in his favor, and he has reasonable grounds to believe that
the family home is actually worth more than the maximum amount fixed in
Article 157, he may apply to the court which rendered the judgment for
an order directing the sale of the property under execution. The court
shall so order if it finds that the actual value of the family home exceeds
the maximum amount allowed by law as of the time of its constitution. If
the increased actual value exceeds the maximum allowed in Article 157 and
results from subsequent voluntary improvements introduced by the person
or persons constituting the family home, by the owner or owners of the
property, or by any of the beneficiaries, the same rule and procedure shall
apply.
At the execution
sale, no bid below the value allowed for a family home shall be considered.
The proceeds shall be applied first to the amount mentioned in Article
157, and then to the liabilities under the judgment and the costs. The
excess, if any, shall be delivered to the judgment debtor. (247a,
248a)
Art. 161. For
purposes of availing of the benefits of a family home as provided for in
this Chapter, a person may constitute, or be the beneficiary of, only one
family home. (n)
Art. 162. The
provisions in this Chapter shall also govern existing family residences
insofar as said provisions are applicable. (n)
TITLE VI
PATERNITY
AND FILIATION
Chapter
1. Legitimate Children
Art. 163. The
filiation of children may be by nature or by adoption. Natural filiation
may be legitimate or illegitimate. (n)
Art. 164. Children
conceived or born during the marriage of the parents are legitimate.
Children conceived
as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of
the husband and his wife, provided, that both of them authorized or ratified
such insemination in a written instrument executed and signed by them before
the birth of the child. The instrument shall be recorded in the civil registry
together with the birth certificate of the child. (55a, 258a)
Art. 165. Children
conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code. (n)
Art. 166. Legitimacy
of a child may be impugned only on the following grounds:
(1) That it
was physically impossible for the husband to have sexual intercourse with
his wife within the first 120 days of the 300 days which immediately preceded
the birth of the child because of:
(a) the physical
incapacity of the husband to have sexual intercourse with his wife;
(b) the fact
that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious
illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is
proved that for biological or other scientific reasons, the child could
not have been that of the husband, except in the instance provided in the
second paragraph of Article 164; or
(3) That in
case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake,
fraud, violence, intimidation, or undue influence. (255a)
Art. 167. The child
shall be considered legitimate although the mother may have declared against
its legitimacy or may have been sentenced as an adulteress.
(256a)
Art. 168. If
the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary:
(1) A child
born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage,
provided it be born within three hundred days after the termination of
the former marriage;
(2) A child
born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred days after the termination of
the former marriage. (259a)
Art. 169. The legitimacy
or illegitimacy of a child born after three hundred days following the
termination of the marriage shall be proved by whoever alleges such legitimacy
or illegitimacy. (261a)
Art. 170. The
action to impugn the legitimacy of the child shall be brought within one
year from the knowledge of the birth or its recording in the civil register,
if the husband or, in a proper case, any of his heirs, should reside in
the city or municipality where the birth took place or was recorded.
If the husband
or, in his default, all of his heirs do not reside at the place of birth
as defined in the first paragraph or where it was recorded, the period
shall be two years if they should reside in the Philippines; and three
years if abroad. If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be counted from the
discovery or knowledge of the birth of the child or of the fact of registration
of said birth, whichever is earlier. (263a)
Art. 171. The
heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
(1) If the
husband should died before the expiration of the period fixed for bringing
his action;
(2) If he should
die after the filing of the complaint without having desisted therefrom;
or
(3) If the child
was born after the death of the husband. (262a)
Chapter
2. Proof of Filiation
Art. 172. The
filiation of legitimate children is established by any of the following:
(1) The record
of birth appearing in the civil register or a final judgment; or
(2) An admission
of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned.
In the absence
of the foregoing evidence, the legitimate filiation shall be
proved by:
(1) The open
and continuous possession of the status of a legitimate child; or
(2) Any other
means allowed by the Rules of Court and special laws. (265a,
266a, 267a)
Art. 173. The action
to claim legitimacy may be brought by the child during his or her lifetime
and shall be transmitted to the heirs should the child die during minority
or in a state of insanity. In these cases, the heirs shall have a period
of five years within which to institute the action.
Art. 174. Legitimate
children shall have the right:
(1) To bear
the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames;
(2) To receive
support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on
Support; and
(3) To be entitled
to the legitimate and other successional rights granted to them by the
Civil Code. (264a)
Chapter
3. Illegitimate Children
Art. 175. Illegitimate
children may establish their illegitimate filiation in the same way and
on the same evidence as legitimate children.
The action must
be brought within the same period specified in Article 173, except when
the action is based on the second paragraph of Article 172, in which case
the action may be brought during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
Chapter
4. Legitimated Children
Art. 177. Only
children conceived and born outside of wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment
to marry each other may be legitimated. (269a)
Art. 178. Legitimation
shall take place by a subsequent valid marriage between parents. The annulment
of a voidable marriage shall not affect the legitimation.
(270a)
Art. 179. Legitimated
children shall enjoy the same rights as legitimate children. (272a)
Art. 180. The
effects of legitimation shall retroact to the time of the child's birth.
(273a)
Art. 181. The
legitimation of children who died before the celebration of the marriage
shall benefit their descendants. (274)
Art. 182. Legitimation
may be impugned only by those who are prejudiced in their rights, within
five years from the time their cause of action accrues. (275a)
TITLE VII
ADOPTION
Art. 183. A
person of age and in possession of full civil capacity and legal rights
may adopt, provided he is in a position to support and care for his children,
legitimate or illegitimate, in keeping with the means of the family.
Only minors
may be adopted, except in the cases when the adoption of a person of majority
age is allowed in this Title.
In addition,
the adopter must be at least sixteen years older than the person to be
adopted, unless the adopter is the parent by nature of the adopted, or
is the spouse of the legitimate parent of the person to be adopted. (27a,
E. O. 91 and PD 603)
Art. 184. The
following persons may not adopt:
(1) The guardian
with respect to the ward prior to the approval of the final accounts rendered
upon the termination of their guardianship relation;
(2) Any person
who has been convicted of a crime involving moral turpitude;
(3) An alien,
except:
(a) A former
Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who
seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who
is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse a relative by consanguinity of the latter.
Aliens not included
in the foregoing exceptions may adopt Filipino children in accordance with
the rules on inter-country adoptions as may be provided by law. (28a,
E. O. 91 and PD 603)
Art. 185. Husband
and wife must jointly adopt, except in the following cases:
(1) When one
spouse seeks to adopt his own illegitimate child; or
(2) When one
spouse seeks to adopt the legitimate child of the other. (29a,
E. O. 91 and PD 603)
Art. 186. In case
husband and wife jointly adopt or one spouse adopts the legitimate child
of the other, joint parental authority shall be exercised by the spouses
in accordance with this Code. (29a, E. O. and PD 603)
Art. 187. The
following may not be adopted:
(1) A person
of legal age, unless he or she is a child by nature of the adopter or his
or her spouse, or, prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child during minority.
(2) An alien
with whose government the Republic of the Philippines has no diplomatic
relations; and
(3) A person
who has already been adopted unless such adoption has been previously revoked
or rescinded. (30a, E. O. 91 and PD 603)
Art. 188. The written
consent of the following to the adoption shall be necessary:
(1) The person
to be adopted, if ten years of age or over,
(2) The parents
by nature of the child, the legal guardian, or the proper government instrumentality;
(3) The legitimate
and adopted children, ten years of age or over, of the adopting parent
or parents;
(4) The illegitimate
children, ten years of age or over, of the adopting parent, if living with
said parent and the latter's spouse, if any; and
(5) The spouse,
if any, of the person adopting or to be adopted. (31a, E.
O. 91 and PD 603)
Art. 189. Adoption
shall have the following effects:
(1) For civil
purposes, the adopted shall be deemed to be a legitimate child of the adopters
and both shall acquire the reciprocal rights and obligations arising from
the relationship of parent and child, including the right of the adopted
to use the surname of the adopters;
(2) The parental
authority of the parents by nature over the adopted shall terminate and
be vested in the adopters, except that if the adopter is the spouse of
the parent by nature of the adopted, parental authority over the adopted
shall be exercised jointly by both spouses; and
(3) The adopted
shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
Art. 190. Legal
or intestate succession to the estate of the adopted shall be governed
by the following rules:
(1) Legitimate
and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary
rules of legal or intestate succession;
(2) When the
parents, legitimate or illegitimate, or the legitimate ascendants of the
adopted concur with the adopter, they shall divide the entire estate, one-half
to be inherited by the parents or ascendants and the other half, by the
adopters;
(3) When the
surviving spouse or the illegitimate children of the adopted concur with
the adopters, they shall divide the entire estate in equal shares, one-half
to be inherited by the spouse or the illegitimate children of the adopted
and the other half, by the adopters.
(4) When the
adopters concur with the illegitimate children and the surviving spouse
of the adopted, they shall divide the entire estate in equal shares, one-third
to be inherited by the illegitimate children, one-third by the surviving
spouse, and one-third by the adopters;
(5) When only
the adopters survive, they shall inherit the entire estate; and
(6) When only
collateral blood relatives of the adopted survive, then the ordinary rules
of legal or intestate succession shall apply. (39(4)a, PD
603)
Art. 191. If the
adopted is a minor or otherwise incapacitated, the adoption may be judicially
rescinded upon petition of any person authorized by the court or proper
government instrumental acting on his behalf, on the same grounds prescribed
for loss or suspension of parental authority. If the adopted is at least
eighteen years of age, he may petition for judicial rescission of the adoption
on the same grounds prescribed for disinheriting an ascendant. (40a,
PD 603)
Art. 192. The
adopters may petition the court for the judicial rescission of the adoption
in any of the following cases:
(1) If the
adopted has committed any act constituting ground for disinheriting a descendant;
or
(2) When the
adopted has abandoned the home of the adopters during minority for at least
one year, or, by some other acts, has definitely repudiated the adoption.
(41a, PD 603)
Art. 193. If the
adopted minor has not reached the age of majority at the time of the judicial
rescission of the adoption, the court in the same proceeding shall reinstate
the parental authority of the parents by nature, unless the latter are
disqualified or incapacitated, in which case the court shall appoint a
guardian over the person and property of the minor. If the adopted person
is physically or mentally handicapped, the court shall appoint in the same
proceeding a guardian over his person or property or both.
Judicial rescission
of the adoption shall extinguish all reciprocal rights and obligations
between the adopters and the adopted arising from the relationship of parent
and child. The adopted shall likewise lose the right to use the surnames
of the adopters and shall resume his surname prior to the adoption.
The court shall
accordingly order the amendment of the records in the proper registries.
(42a, PD 603)
TITLE VIII
SUPPORT
Art. 194. Support
comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial
capacity of the family.
The education
of the person entitled to be supported referred to in the preceding paragraph
shall include his schooling or training for some profession, trade or vocation,
even beyond the age of majority. Transportation shall include expenses
in going to and from school, or to and from place of work.
(290a)
Art. 105. Subject
to the provisions of the succeeding articles, the following are obliged
to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate
ascendants and descendants;
(3) Parents
and their legitimate children and the legitimate and illegitimate children
of the latter;
(4) Parents
and their illegitimate children and the legitimate and illegitimate children
of the latter; and
(5) Legitimate
brothers and sisters, whether of full or half-blood (291a)
Art. 196. Brothers
and sisters not legitimately related, whether of the full or half-blood,
are likewise bound to support each other to the full extent set forth in
Article 194, except only when the need for support of the brother or sister,
being of age, is due to a cause imputable to the claimant's fault or negligence.
(291a)
Art. 197. In
case of legitimate ascendants; descendants, whether legitimate or illegitimate;
and brothers and sisters, whether legitimately or illegitimately related,
only the separate property of the person obliged to give support shall
be answerable provided that in case the obligor has no separate property,
the absolute community or the conjugal partnership, if financially capable,
shall advance the support, which shall be deducted from the share of the
spouse obliged upon the liquidation of the absolute community or of the
conjugal partnership. (n)
Art. 198. During
the proceedings for legal separation or for annulment of marriage, and
for declaration of nullity of marriage, the spouses and their children
shall be supported from the properties of the absolute community or the
conjugal partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case
of legal separation, the court may order that the guilty spouse shall give
support to the innocent one, specifying the terms of such order. (292a)
Art. 199. Whenever
two or more persons are obliged to give support, the liability shall devolve
upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants
in the nearest degree;
(3) The ascendants
in the nearest degree; and
(4) The brothers
and sisters. (294a)
Art. 200. When
the obligation to give support falls upon two or more persons, the payment
of the same shall be divided between them in proportion to the resources
of each.
However, in
case of urgent need and by special circumstances, the judge may order only
one of them to furnish the support provisionally, without prejudice to
his right to claim from the other obligors the share due from them.
When two or
more recipients at the same time claim support from one and the same person
legally obliged to give it, should the latter not have sufficient means
to satisfy all claims, the order established in the preceding article shall
be followed, unless the concurrent obligees should be the spouse and a
child subject to parental authority, in which case the child shall be preferred.
(295a)
Art. 201. The
amount of support, in the cases referred to in Articles 195 and 196, shall
be in proportion to the resources or means of the giver and to the necessities
of the recipient. (296a)
Art. 202. Support
in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities
of the recipient and the resources or means of the person obliged to furnish
the same. (297a)
Art. 203. The
obligation to give support shall be demandable from the time the person
who has a right to receive the same needs it for maintenance, but it shall
not be paid except from the date of judicial or extra-judicial demand.
Support pendente
lite may be claimed in accordance with the Rules of Court.
Payment shall
be made within the first five days of each corresponding month or when
the recipient dies, his heirs shall not be obliged to return what he has
received in advance. (298a)
Art. 204. The
person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in
the family dwelling the person who has a right to receive support. The
latter alternative cannot be availed of in case there is a moral or legal
obstacle thereto. (299a)
Art. 205. The
right to receive support under this Title as well as any money or property
obtained as such support shall not be levied upon on attachment or execution.
(302a)
Art. 206. When,
without the knowledge of the person obliged to give support, it is given
by a stranger, the latter shall have a right to claim the same from the
former, unless it appears that he gave it without intention of being reimbursed.
(2164a)
Art. 207. When
the person obliged to support another unjustly refuses or fails to give
support when urgently needed by the latter, any third person may furnish
support to the needy individual, with right of reimbursement from the person
obliged to give support. This Article shall particularly apply when the
father or mother of a child under the age of majority unjustly refuses
to support or fails to give support to the child when urgently needed.
(2166a)
Art. 208. In
case of contractual support or that given by will, the excess in amount
beyond that required for legal support shall be subject to levy on attachment
or execution.
Furthermore,
contractual support shall be subject to adjustment whenever modification
is necessary due to changes of circumstances manifestly beyond the contemplation
of the parties. (n)
TITLE IX
PARENTAL
AUTHORITY
Chapter
1. General Provisions
Art. 209. Pursuant
to the natural right and duty of parents over the person and property of
their unemancipated children, parental authority and responsibility shall
include the caring for and rearing them for civic consciousness and efficiency
and the development of their moral, mental and physical character and well-being.
(n)
Art. 210. Parental
authority and responsibility may not be renounced or transferred except
in the cases authorized by law. (313a)
Art. 211. The
father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's
decision shall prevail, unless there is a judicial order to the contrary.
Children shall
always observe respect and reverence towards their parents and are obliged
to obey them as long as the children are under parental authority.
(311a)
Art. 212. In
case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall
not affect the parental authority over the children, unless the court appoints
another person to be the guardian of the person or property of the children.
(n)
Art. 213. In
case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court. The Court shall take into account
all relevant considerations, especially the choice of the child over seven
years of age, unless the parent chosen is unfit. (n)
Art. 214. In
case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. In case several
survive, the one designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise the authority.
(355a)
Art. 215. No
descendant shall be compelled, in a criminal case, to testify against his
parents and grandparents, except when such testimony is indispensable in
a crime against the descendant or by one parent against the other. (315a)
Chapter
2. Substitute and Special Parental Authority
Art. 216. In
default of parents or a judicially appointed guardian, the following person
shall exercise substitute parental authority over the child in the order
indicated:
(1) The surviving
grandparent, as provided in Art. 214;
(2) The oldest
brother or sister, over twenty-one years of age, unless unfit or disqualified;
and
(3) The child's
actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment
or a judicial guardian over the property of the child becomes necessary,
the same order of preference shall be observed. (349a, 351a,
354a)
Art. 217. In
case of foundlings, abandoned neglected or abused children and other children
similarly situated, parental authority shall be entrusted in summary judicial
proceedings to heads of children's homes, orphanages and similar institutions
duly accredited by the proper government agency. (314a)
Art. 218. The
school, its administrators and teachers, or the individual, entity or institution
engaged in child are shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
Authority and
responsibility shall apply to all authorized activities whether inside
or outside the premises of the school, entity or institution.
(349a)
Art. 129. Those
given the authority and responsibility under the preceding Article shall
be principally and solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents, judicial guardians or
the persons exercising substitute parental authority over said minor shall
be subsidiarily liable.
The respective
liabilities of those referred to in the preceding paragraph shall not apply
if it is proved that they exercised the proper diligence required under
the particular circumstances.
All other cases
not covered by this and the preceding articles shall be governed by the
provisions of the Civil
Code on quasi-delicts. (n)
Chapter
3. Effect of Parental Authority
Upon the Persons of the Children
Art. 220. The
parents and those exercising parental authority shall have with the respect
to their unemancipated children on wards the following rights and duties:
(1) To keep
them in their company, to support, educate and instruct them by right precept
and good example, and to provide for their upbringing in keeping with their
means;
(2) To give
them love and affection, advice and counsel, companionship and understanding;
(3) To provide
them with moral and spiritual guidance, inculcate in them honesty, integrity,
self-discipline, self-reliance, industry and thrift, stimulate their interest
in civic affairs, and inspire in them compliance with the duties of citizenship;
(4) To furnish
them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to their health, studies
and morals;
(5) To represent
them in all matters affecting their interests;
(6) To demand
from them respect and obedience;
(7) To impose
discipline on them as may be required under the circumstances; and
(8) To perform
such other duties as are imposed by law upon parents and guardians. (316a)
Art. 221. Parents
and other persons exercising parental authority shall be civilly liable
for the injuries and damages caused by the acts or omissions of their unemancipated
children living in their company and under their parental authority subject
to the appropriate defenses provided by law. (2180(2)a and
(4)a )
Art. 222. The
courts may appoint a guardian of the child's property or a guardian ad
litem when the best interests of the child so requires. (317)
Art. 223. The
parents or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place
where the child resides, for an order providing for disciplinary measures
over the child. The child shall be entitled to the assistance of counsel,
either of his choice or appointed by the court, and a summary hearing shall
be conducted wherein the petitioner and the child shall be heard.
However, if
in the same proceeding the court finds the petitioner at fault, irrespective
of the merits of the petition, or when the circumstances so warrant, the
court may also order the deprivation or suspension of parental authority
or adopt such other measures as it may deem just and proper. (318a)
Art. 224. The
measures referred to in the preceding article may include the commitment
of the child for not more than thirty days in entities or institutions
engaged in child care or in children's homes duly accredited by the proper
government agency.
The parent exercising
parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at
its own instance, the court may terminate the commitment of the child whenever
just and proper. (391a)
Chapter
4. Effect of Parental Authority Upon
the Property
of the Children
Art. 225. The
father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
Where the market
value of the property or the annual income of the child exceeds P50,000,
the parent concerned shall be required to furnish a bond in such amount
as the court may determine, but not less than ten per centum (10%)
of the value of the property or annual income, to guarantee the performance
of the obligations prescribed for general guardians.
A verified petition
for approval of the bond shall be filed in the proper court of the place
where the child resides, or, if the child resides in a foreign country,
in the proper court of the place where the property or any part thereof
is situated.
The petition
shall be docketed as a summary special proceeding in which all incidents
and issues regarding the performance of the obligations referred to in
the second paragraph of this Article shall be heard and resolved.
The ordinary
rules on guardianship shall be merely suppletory except when the child
is under substitute parental authority, or the guardian is a stranger,
or a parent has remarried, in which case the ordinary rules on guardianship
shall apply. (320a)
Art. 226. The
property of the unemancipated child earned or acquired with his work or
industry or by onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the latter's support and
education, unless the title or transfer provides otherwise.
The right of
the parents over the fruits and income of the child's property shall be
limited primarily to the child's support and secondarily to the collective
daily needs of the family. (321a, 323a)
Art. 227. If
the parents entrust the management or administration of any of their properties
to an unemancipated child, the net proceeds of such property shall belong
to the owner. The child shall be given a reasonable monthly allowance in
an amount not less than that which the owner would have paid if the administrator
were a stranger, unless the owner, grants the entire proceeds to the child.
In any case, the proceeds thus give in whole or in part shall not be charged
to the child's legitime. (322a)
Chapter
5. Suspension or Termination of Parental Authority
Art. 228. Parental
authority terminates permanently:
(1) Upon the
death of the parents;
(2) Upon the
death of the child; or
(3) Upon emancipation
of the child. (327a)
Art. 229. Unless
subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption
of the child;
(2) Upon appointment
of a general guardian;
(3) Upon judicial
declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final
judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon judicial
declaration of absence or incapacity of the person exercising parental
authority. (327a)
Art. 230. Parental
authority is suspended upon conviction of the parent or the person exercising
the same of a crime which carries with it the penalty of civil interdiction.
The authority is automatically reinstated upon service of the penalty or
upon pardon or amnesty of the offender. (330a)
Art. 231. The
court in an action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising the same:
(1) Treats
the child with excessive harshness or cruelty;
(2) Gives the
child corrupting orders, counsel or example;
(3) Compels
the child to beg; or
(4) Subjects
the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated
above are deemed to include cases which have resulted from culpable negligence
of the parent or the person exercising parental authority.
If the degree
of seriousness so warrants, or the welfare of the child so demands, the
court shall deprive the guilty party of parental authority or adopt such
other measures as may be proper under the circumstances.
The suspension
or deprivation may be revoked and the parental authority revived in a case
filed for the purpose or in the same proceeding if the court finds that
the cause therefor has ceased and will not be repeated. (33a)
Art. 232. If
the person exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse, such person shall be permanently deprived
by the court of such authority. (n)
Art. 233. The
person exercising substitute parental authority shall have the same authority
over the person of the child as the parents.
In no case shall
the school administrator, teacher of individual engaged in child care exercising
special parental authority inflict corporal punishment upon the child.
(n)
TITLE X
EMANCIPATION
AND AGE OF MAJORITY
Art. 234. Emancipation
takes place by the attainment of majority. Unless otherwise provided, majority
commences at the age of twenty-one years.
Emancipation
also takes place:
(1) By the
marriage of the minor; or
(2) By the recording
in the Civil Register of an agreement in a public instrument executed by
the parent exercising parental authority and the minor at least eighteen
years of age. Such emancipation shall be irrevocable. (397a,
398a, 400a, 401a)
Art. 235. The provisions
governing emancipation by recorded agreement shall also apply to an orphan
minor and the person exercising parental authority but the agreement must
be approved by the court before it is recorded. (n)
Art. 236. Emancipation
for any cause shall terminate parental authority over the person and property
of the child who shall then be qualified and responsible for all acts of
civil life. (412a)
Art. 237. The
annulment or declaration of nullity of the marriage of a minor or of the
recorded agreement mentioned in the foregoing. Articles 234 and 235 shall
revive the parental authority over the minor but shall not affect acts
and transactions that took place prior to the recording of the final judgment
in the Civil Register. (n)
TITLE XI
SUMMARY
JUDICIAL PROCEEDINGS IN THE
FAMILY LAW
Chapter
1. Prefatory Provisions
Art. 238. Until
modified by the Supreme Court, the procedural rules provided for in this
Title shall apply as regards separation in fact between husband and wife,
abandonment by one of the other, and incidents involving parental authority.
(n)
Chapter
2. Separation in Fact
Art. 239. When
a husband and wife are separated in fact, or one has abandoned the other
and one of them seeks judicial authorization for a transaction where the
consent of the other spouse is required by law but such consent is withheld
or cannot be obtained, a verified petition may be filed in court alleging
the foregoing facts.
The petition
shall attach the proposed deed, if any, embodying the transaction, and,
if none, shall describe in detail the said transaction and state the reason
why the required consent thereto cannot be secured. In any case, the final
deed duly executed by the parties shall be submitted to and approved by
the court. (n)
Art. 240. Claims
for damages by either spouse, except costs of the proceedings, may be litigated
only in a separate action. (n)
Art. 241. Jurisdiction
over the petition shall, upon proof of notice to the other spouse, be exercised
by the proper court authorized to hear family cases, if one exists, or
in the regional trial court or its equivalent sitting in the place where
either of the spouses resides. (n)
Art. 242. Upon
the filing of the petition, the court shall notify the other spouse, whose
consent to the transaction is required, of said petition, ordering said
spouse to show cause why the petition should not be granted, on or before
the date set in said notice for the initial conference. The notice shall
be accompanied by a copy of the petition and shall be served at the last
known address of the spouse concerned. (n)
Art. 243. A
preliminary conference shall be conducted by the judge personally without
the parties being assisted by counsel. After the initial conference, if
the court deems it useful, the parties may be assisted by counsel at the
succeeding conferences and hearings. (n)
Art. 244. In
case of non-appearance of the spouse whose consent is sought, the court
shall inquire into the reasons for his failure to appear, and shall require
such appearance, if possible. (n)
Art. 245. If,
despite all efforts, the attendance of the non-consenting spouse is not
secured, the court may proceed ex parte and render judgment as the facts
and circumstances may warrant. In any case, the judge shall endeavor to
protect the interests of the non-appearing spouse. (n)
Art. 246. If
the petition is not resolved at the initial conference, said petition shall
be decided in a summary hearing on the basis of affidavits, documentary
evidence or oral testimonies at the sound discretion of the court. If testimony
is needed, the court shall specify the witnesses to be heard and the subject-matter
of their testimonies, directing the parties to present said witnesses.
(n)
Art. 247. The
judgment of the court shall be immediately final and executory.
(n)
Art. 248. The
petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof
for the support of the family shall also be governed by these rules. (n)
Chapter
3. Incidents Involving Parental Authority
Art. 249. Petitions
filed under Articles 223, 225 and 235 of this Code involving parental authority
shall be verified. (n)
Art. 250. Such
petitions shall be verified and filed in the proper court of the place
where the child resides. (n)
Art. 251. Upon
the filing of the petition, the court shall notify the parents or, in their
absence or incapacity, the individuals, entities or institutions exercising
parental authority over the child. (n)
Art. 252. The
rules in Chapter 2 hereof shall also govern summary proceedings under this
Chapter insofar as they are applicable. (n)
Chapter
4. Other Matters Subject to Summary Proceedings
Art. 253. The
foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar
as they are applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 254. Titles
III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic
Act No. 386, otherwise known as the Civil Code of the Philippines, as amended,
and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended, and all laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof, inconsistent herewith are hereby repealed.
Art. 255. If
any provision of this Code is held invalid, all the other provisions not
affected thereby shall remain valid.
Art. 256. This
Code shall have retroactive effect insofar as it does not prejudice or
impair vested or acquired rights in accordance with the Civil
Code or other laws.
Art. 257. This
Code shall take effect one year after the completion of its publication
in a newspaper of general circulation, as certified by the Executive Secretary,
Office of the President.
Done in the
City of Manila, this 6th day of July, in the year of Our Lord, nineteen
hundred and eighty-seven.
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