Philippine Marriage Processors - Help with Filipino wedding paperwork. (filipine fillipine filippine philipine phillipine)

Whereas, almost four decades have passed since the adoption of the Civil Code of the Philippines;
Whereas, experience under said Code as well as pervasive changes and developments have necessitated revision of its provisions on marriage and family relations to bring them closer to Filipino customs, values and ideals and reflect contemporary trends and conditions;
Whereas, there is a need to implement policies embodied in the new Constitution that strengthen marriage and the family as basic social institutions and ensure equality between men and women;
Now, therefore, I Corazon C. Aquino, President of the Philippines, by virtue of the powers vested in me, do hereby order and promulgate the Family Code of the Philippines, as follows:

top

TITLE I: MARRIAGE
Chapter 1. Requisites of Marriage

Art. 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:

Legal capacity of the contracting parties who must be a male and a female; and
Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

Authority of the solemnizing officer;
A valid marriage license except in the cases provided for in Chapter 2 1 of this Title; and
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 witness 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 (2).2
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. 3
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 and 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, 4 may contract marriage. (54a)

Art. 6. No prescribed form or religious rite for the
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Marriages exempt from the license requirement.
2. How marriage by unauthorized person can be vaild.
3. Ground for annulment of marriage.
4. Relations from blood, marriage, adoption.

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 witness 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 marriage in articulo mortis, when the patty 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 maybe solemnized by: 1

Any incumbent member of the judiciary within the court`s jurisdiction;
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 him 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;
Any ship captain or airplane chief only in the cases mentioned in Article 31; 2
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; 3 or (5) Any consul-general, consul or vice-consul in the case provided in Article 10. 4 (56a)
Any consul-general, consul or vice-consul in the case provided in Article 10. 4 (56a)

Art. 8. The marriage shall be solemnized publicly in
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1 .Mayors can solemnize. (LGC[1991], Ss. 444, 445)
2. Marriages in articulo mortis (at the point of death).
3. In articulo mortis for persons in area of operation.
4. A marriage between Filipinos abroad.

the chambers of the judge or in open, in the church, chapel or temple, or in the office of the consul-general, consul or vice-consul, as the case may be, and not else where, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 1 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 were either contracting party habitually resides, except in marriages where no license is required in accordance with chapter 2 2 of this Title. (58a)

Art. 10. Marriage 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. (57a)

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 specify the following:

Full name of the contracting party;
Place of birth;
Age an date of birth;
Civil status;
If previously married, how, when and where the previous marriage was dissolved or annulled;
Present residence and citizenship;
Degree of relationship of the contracting parties;
Full name, residence and citizenship of the father;
Full name, residence and citizenship of the

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Solemnizing officer to execute an affidavit.
2. Marriages exempt from the license requirement.

mother; and

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 required by this Article need not to be sworn to an 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 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 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 the 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 decalration of nullity of his or her previous marriage. In case the death certificate cannot be secured, the party shal
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 therefore. 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 ba 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 case where parental consent or parental advice is needed, the 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 1 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
certificate 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 f 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
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Persons authorized to solemnize marriages

local civil registrar located in the 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 a marriage license, but shall nonetheless issued said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of an interested party. No filing fee shall be charged for the petition nor a bond required for the issuance of the order. (64a)

Art. 19. The local civil registrar shall require the payment of 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 or any kind for the issuance of the 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 issue, and shall be deemed automatically cancelled at the expiration of 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 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:

The full name, sex and age of each contracting party;
Their citizenship, religion and habitual residence;
The date and precise time of the celebration of the marriage;
That the proper marriage license has been is sued according to law, except in marriages provided for in Chapter 2 1 of this Title;
That either or both of the contracting parties have secured the parental consent in appropriate cases;
That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and
That the parties have entered into marriage settlements, 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 2 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 shall retain in his file the quadruplicate 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 a place other
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Marriages exempt from the license requirement.
2. Form of marriage and marriage certificate.

than those mentioned in Article 8. 1 (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 valid in this country, except those prohibited under Article 35 (1), (4), (5) and (6), 36, 37 and 38. 2 (71a) Where a marriage between a Filipino citizen and a for eigner 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 likewise have capacity to remarry under Philippine law. (n) (as amended by E.O. No. 227, dated July 17, 1987)

top

Chapter 2. Marriages Exempt from
the 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 the necessity of a marriage license and shall remain

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. The designated public places for marriage
2. Art. 35 (1) on underage; (4) on bigamous or polygamous marriages; (5) on mistaken identity; (6) on the provision of Art. 53: remarriage null and void from non-compliance with

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 solemnize without the 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 to
ok 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 a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to he local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (73a)

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 miliitary commander of a unit who is commissioned officer, shall likewise have the authority to solemnize marriages in articulo mortis between persons within the
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

(...continued...)
the requisites ensuing from nullity declaration of marriage or annulment; Art. 36 on psychological incapacity; Art. 37f. on relations from blood, affinity, adoption.

zone of military operation, whether members of the armed forces or civilians. (74a)

Art. 33. Marriage among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided that 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 and found no legal impediment to the marriage. (76a)

top

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning:

Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
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;
Those solemnized without a license, except those covered by the preceding Chapter;* 1
Those bigamous or polygamous marriages not falling under Article 41; 2
Those contracted through mistake of one con-

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Marriages exempt from the license requirement.
2. On the presumptive death of the other spouse.

tracting party to the identity of the other; and

Those subsequent marriages that are void under Article 53. 1 (80a)

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligation of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. 2 (n) (as amended by E.O. No. 227, dated July 17, 1987)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

Between ascendants and descendants of any degree; and
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:

Between colteral blood relations, whether legitimate or illegitimate, up to the fourth civil degree;
Between step-parents and step-children;
Between parents-in-law and children-in-law;
Between the adopting parent and the adopted child;
Between the surviving spouse of the adopting parent and the adopted child;
Between the surviving spouse of the adopted child and the adopter;
Between an adopted child and a legitimate child of the adopter;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Remarriage null and void for non-compliance with the requisites ensuing from nullity declaration or annulment.
2. On this subject, see Veloso, Gerardo Ty: Questions and Ansewrs on Psychological Incapacity as Ground for Marriage Annulment (Family Code, Article 36), Legaspi Village, Makati: Gertes Research Library, 1991.

Between adopted child of the same adopter; and
Between parties where one, with the intention to marry the other, killed that other person's spouse or his or her own spouse. (82a)

Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribed. However, in the case of marriage celebrated before the effectivity of this Code and falling under Article 36, 1 such action or defense shall prescribed in ten years after this Code shall have taken effect. 2 (n) (as amended by E.O. No. 227, dated July 17, 1987)

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 the 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 had 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, 3 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 i this Code 4 for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of hte absent spouse. (83a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Nullity ground of psychological incapacity.
2. The ten years post Code period has been abolished. (R.A. 8533 Feb. 23, 1998)
3. Danger of death from travel by ship, by plane, or in war, or from other circumstances.
4. Title XI, Articles 238-253.

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 act of reappearance being judicially determined in case such a fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

The children of the subsequent marriage conceived prior to its termination shall be considered legitimate, and their custody and support in case of dispute shall be decided by the court in a proper proceeding;
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;
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;
The innocent spouse may revoke the designation of the other spouse who acted in bad faith as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and
The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and inestate succession. (n)

Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be viod 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:

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 such after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
That either party was unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband and wife;
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;
That the consent of either the party was obtained be force, intimidation or undue influence unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (8a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in number 3 of the preceding Article:

Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude
Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
Concealment of a sexually-transmitted disease, regardless of its nature, existing at the time of the marriage; or
Concealment of drug addiction habitual alcoholism, 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.

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

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 reaches the age of twenty-one;
For causes mentioned in number 2 of Aricle 45, by the sane spouses who had no knowledge of the other's insanity; by any relative, 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 lusid interval or after regaining sanity;
For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
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;
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 apouses, 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 for in Title IX. 1 It shall also provide for appropriate visitation rights of the other parent. (n)

Art. 50. The effects provided for in paragraphs (2), (3), (4) and (5) of Article 43 and in Article 44 shall also apply in proper cases to marriages which are declared void 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 their presumptive legitimate, 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.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. On parental authority

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Aricle 102 and 129.1 (n)

Art. 51. In said partition, the value of the presumptive legitimes of all common children, comuted 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 or both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advance on their legitimate. (n)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the souses, and the delivery of the children`s presumptive legitimes shall be recorded in the appropriate civil registry and registries af property; otherwise, the same shall not affect third persons. (n)

Art. 53. Either of the former spouses may marry again after complying; with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. (n)

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Arti cle 36 2 has become final and executory, shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. (n)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Art. 102 on dissolution of the absolute community; Art. 129 on dissolution of the conjugal partnership.
2. On psychological incapacity.

top

TITLE II: LEGAL SEPARATION

Art. 55. A petition for legal separation may be filed on any of the following grounds:

Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
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;
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
Drug addiction or habitual alcoholism of the respondent;
Lesbianism or homosexuality of the respondent;
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
Sexual infidelity or perversions;
Attempt by the respondent against the life of the petitioner; or
Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purpose of this Article the term "child" shall include a child by nature or by adoption. (97a)

Art. 56. The petition for legal separation shall be denied on any of the following grounds:

Where the aggrieved party has condoned the offense or act complained of;
Where the aggrieved party has consented to the commission of the offense or act constituting the ground for legal separation;
Where there is convince between the parties in the commission of the offense or act constituting the ground for legal separation;

Where both parties have given ground for legal separation;
Where there is collusion between the parties to obtain the decree of legal separation; or
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. (102a)

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. (103a)

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 provision of Article 49 1 shall likewise ap

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. On the details of support and custody during the pendency of nullity declaration or annulment of marriage. ply 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:

The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
The absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); 1
The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 2 of this Code; and
The offending spouse shall be disqualified from inheriting from the innocent spouse by inestate 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 her in favor of the offending spouse, as well as the designation of the latter as a 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 no tification thereof to the incurred.
The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation has become final. (107a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. In favor of children, or of innocent spouse.
2. The preference of the child over seven years ols; and no child under seven to be separated from the mother.

Art. 65. If the spouses should reconcile, the corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same preceding for legal separation. (n)

Art. 66. The reconciliation referred to in the preceding Article shall have the following consequences:

The legal separation proceedings, if still pending, shall thereby be terminated in whatever stage; and
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 affected shall subsist, unless the spouses agree to revive their former property regime.

The court 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:

The properties to be contributed anew to the restored regime;
Those to be retained as separated properties of each spouse; and
The names of all their own 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 measures to protect the interest of creditors and such order shall be recorded in the proper registries of property.
The recording of the recorder in the registration ofproperty 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)

top

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 their separate properties. (111a)

Art. 71. The management of the household shall be the right and 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 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:

The objectives is proper, and
Benefit has accrued 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 community property. If benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent. 1

The foregoing provision shall not prejudice the rights of creditors who acted in good faith. (117a)

top

TITLE IV: PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Chapter 1. General Provisions

Art. 74. The property relations between husband and wife shall be governed in the following order:

By marriage settlements executed before the marriage;
By provisions of this Code; and
By local customs. (118a)

Art. 75. The future spouses may, in the marriage settlements, agree upon te regime of absolute community, conjugal partnership of gains, complete separation of property or any other regime. In the absence of marriage settlements, 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 136.1 (121a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~

1. The words in italic are supplied here by the Editor; they are misiing in the official printing; without supplying the missing words, the provision would be inequitable.

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 property. (122a)

Art. 78. A minor who according to law may contract marriage may also enter into marriage settlements, but they shall be valid only if the persons designated in Article 14 2 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.3 (120a)

Art. 79. For the validity of any marriage settlements 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 the marriage settlements, the property relations of the spouse shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:

Where both spouses are aliens;
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
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 their extrinsic validity. (124a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Art. 66 on reconciliation; Art. 67 on revival of property regime; Art. 128 an abandonment; Art. 135 on cause for the dissolution of property regime; Art. 136 on voluntary dissolution.
2. Parents, guardian, or persons having legal charge of youths below twenty-one. See also Artt. 234ff. below.
3. On parental authority.

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 marriage shall be valid. (125a)

top

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. (126a)

Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, in so far 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 od 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:

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; 1
When the marriage takes place without the consent of the parents or guardian as required by law;
When the marriage is annulled, and the donee acted in bad faith;
When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations 2 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 hus-
band and wife without a valid marriage. (133a)

top

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, interests, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Such donations need not be revoked; they becomevoid, if marriage does not take place.
2. Civil Code, Artt. 765-770.

When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annnulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. 1 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)

top

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. (199a)

Art. 92. The following shall be excluded from the community property:

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;
Property for personal and exclusive use of either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Recording in local civil registry and in the proper registries of property; otherwise the property settlements shall not prejudice third parties.

Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is provoked that it is one of those excluded therefrom. (160a)

top

Section 3. Charges upon and Obligations
of the Absolute Community

Art. 94. the absolute community of property shall be liable for:

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; 1
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;
Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
All taxes, liens, charges and expenses, encluding major or minor repairs, upon the community property;
All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;
Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;
Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family;
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 pro- fessional or vocational course or other activity for self-improvement;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Title VIII (Art. 194-208)

Antenuptial 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 upon liquidation of the community; and
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-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)

top

Section 4. Ownership, Administration, Enjoyment
and Disposition of the Community Property

Art. 96. The administration and enjoyment of the community property shall belong to both spouse jointly. In case of disagreement, the husband`s decision shall prevail, subject to recourse to the court by the wife for a 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 the powers of disposition of encumbrance which must have 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 constructed as a continuing offer on the part of the consenting spouse and the third person, and maybe 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, make moderate donations from the community property for charity or on the occasions of family rejoicing or family distress. (n)

top

Section 5. Dissolution
of Absolute Community Regime

Art. 99. The absolute community terminates:

Upon the death of either spouses;
When there is a decree of legal separation;
When the marriage is annulled or declared void; or
In case of judicial separation of property during the marriage under Articles 134 to 138. 1 (175)

Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that:

The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in summary proceeding;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Judicial separation of the joint property.

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 the 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 he or she has left the conjugal dwelling without any 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. (179a)

top

Section 6. Liquidation of the Absolute
Community Assets and Liabilities

Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply :

An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.
The debts and obligations of the absolute community shall be paid out of its assets. In case of insuffiency 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.

Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
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 as provided in this Code. For purposes of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), 2 the said profits shall be the increase in the value between the market value of the community property at the time of its dissolution.
The presumptive legitimes of the common children shall be delivered upon petition, in accordance with Article 51. 3
Unless otherwise agreed upon by 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 is no such majority, the court shall decide, taking into consideration the best interests of said children. (n)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. What absolute community property is liable for.
2. Art. 43(2) on dividing net profits upon ending of marriage on the reappearance of the missing previous spouse; Art. 63(2) on dividing net profits in legal separation.
3. On children receiving their presumptive legitimes

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 one year from the death of the deseased spouse. If upon the lapse of the said 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 complying 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 affectivity 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 or among the different communities in proportion to the capital and duration of each. (189a)

top

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 of gains shall govern their property relations during marriage, the provisions shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application.
The provisions of the Chapter shall also apply to conjugal partnership of gains already established between spouses before the affectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 255. 1 (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 2 shall also apply to the 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).

top

Section 2. Exclusive Property of Each Spouse

Art. 109. The following shall be the exclusive property oach spouse:

That which is brought to the marriage as his or her own;
That which each acquires during the marriage by gratuitous title;
That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
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 where the property is located. (137a, 168a, 169a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. If any provision in the Family Code is held invalid, all provisions not affected remains valid.
2. Regime to start upon marriage and no waivers allowed.

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-spouse as his or her own excluive 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, gratitudes, insfructs and similar benefits shall be governed by the rules or gratuitous or onerous acquisitions as may be proper in each case. (n)

top

Section 3 Conjugal 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 spouse, is presumed to be conjugal unless the contrary is proved. (160a)

Art. 117. The following are conjugal partnership properties:

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;
Those obtained from the labor, industry, work or profession of either or both of the spouses;
The fruits natural, industrial, or civil, due or received during the marriage from the exclusive property of each spouse;
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;
Those acquired through occupation such as fishing or hunting;
Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and
Those which are acquired by chance, such as winnings from gamblings or betting. However. However, losses therefrom shall be borne exclusively by the loser spouse. (153a, 154, 155, 159)

Art 118. Property bought on installments paid patly from exclusive funds of either or both spouses and partly from conjugal fiunds belongs to the buyer or buyers if full ownership was vested before the marriage and 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 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)

top

Section 4. Charges upon and Obligations
of the Conjugal Partnership

Art. 121. The conjugal partnership shall be liable for:

The support of the spouses, 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;
Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Art. 194-208.

All taxes, liens, charges and expenses, including major or minor repairs upon the conjugal partnership property;
All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse;
Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement;
Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family;
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
Expenses of litigation between the spouses unless the suit is found to be 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 proper- ties. (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 partnership except insofar as they redounded to the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them to 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 liquidation of thepartnership, such spouse shall be charged for what has been paid for the purposes 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 property. (164a)

top

Section 5. Administration of the
Conjugal Partnership Property

Art. 124. The administration and enjoymnent of the conjugal partnership property shall belon to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for a 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 particiate in the adminstration of the conjugal properties, the other spouse may assume sole powers of adminidtration. These powers do not include the powers of disposition or encumbrance which must have the 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 the acceptance by the other spouse or authoruzation by the court before the offer is withdrawn by either of both offerors. (165a)

Art. 125. Neither spouse may donate any conjuga 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 occassion of family rejoicing or family
distress. (174a)

top

Section 6. Dissolution of
Conjugal Partnership Regime

Art. 126. The conjugal partnership terminates:

Upon the death of either spouse;
When there is a decree of legal separation;
When the marriage is annulled or declared void; or
In case of judicial separation of property during the marriage under Articles 134 to 138. 1 (175a)

Art. 127. The separation in fact between husband nad wife shall not affect the regime of conjugal partnership, except that:

The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
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;
In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be soldarily 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 proseeds 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 ir 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 admonistrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1On the ending of the joint property regime.

The obligations to the family mentioned in the preceding paragraph refer to the marital, parental or property relations.
A Spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any 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)

top

Section 7. Liquidation of the Conjugal
Partnership Assets and Liablilities

Art. 129. Upon the dissolution of the conjugal partnership regime, the following prosedure shall apply:

An inventory shall be prepared, listing separately all the proerties of the conjugal partnership and the exclusive properties of each spouse;
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 assets thereof.
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.
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. 1
Whatever remains of the exclusive prpoerties of the spouses shall thereafter be delivered to each of them.
Unless the owner has 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 fortitous event, shall be paid to said spouse from the conjugal funds, if any.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

*Debts in favor of the conjugal partnership.

The net remainder of the conjugal partnership properties shall constitute the profits which shall be divided equally between husband nd wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver of for-
feiture of such share as provided in this Code.
The presumptive legitimes of the common children shall be delivered upon partition in accordance with Aricle 51.1
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 decided otherwise. In case there is no such majority, the court shall decide,taking into consideration the best interests of said children. (181a,182a,184a,185a)

Art. 130. Upon the termination of the marriage by death,the conjugal partnership properly 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 partneship property either judicially or extra-judicially within one year from the death of the deceased spouse. If upon the lapse of said period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be oid.
Should the surviving spouse contract a subsequent mar riage without compying with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. (n)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Delivery of children's legitimes.

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 rspective 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 and among the different partnerships in proportion to the capital and duration of each. (189a)

Art. 132. The Rules of the Court on the administration of estates of feceased persons shall be observed in the appraisal and sale of property of the cojugal 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. (180a)

top

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:

That the spouse of the petitioner has been sentenced to a penalty with it civil interdiction;

That the spouse of the petitioner has been judicially declared an absentee;
That loss of parental authority of the spouse of petitioner has been decreed by the court;
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;1
That the spouse granted the power of administration in the marriage settlements has abused that power; and
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 gulity or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a)

Art. 136. he spouses may jointly file a a verified petition with the court for the voluntary dissolution of the absolut 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 personalcreditors 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 person with a 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)

~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~

1. Failure to comply with family obligations.

Art. 138. After dissolution of the absolute community or of the conjugal partnesrhip, the rpovisions on complete separation of property shall apply. (191a)

Art. 139. The petition for separation of property and the final judgement 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 crditors. (194)

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:

When the civil interdiction terminates;
When the absentee spouse reappears;
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;
When the spouse who hasleft the conbjugal home without a decree of legal separation resumes common life with the other;
When parental authority is judicially restired to the spouse previously deprived thereof;
When the spouses who have been separated in fact for at least one year, reconcile and resume common life; or
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 67.1 (195a)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. Details of the agreement to revive the former property regime after legal separation.

Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouses;

When one spouse becomes the guardian of the other;
When one spouse is judicially declared an absentee;
When one spouse is sentenced to a penalty which carries with it civil interdiction; or
When one spouse become a fugitive from justice or is in hiding as an accrued in a criminal case.

If the other spouse is not qualified by rason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (n)

top

Chapter 6. Regime of Separation of Property

Art. 143. Should the future 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 Chapetr shall be of suppletory application. (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, disposeof, possess, administer and enjoy his or her owm 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 propeties.
The liability of the spouses to creditors for family expenses shall, however, be solidary. (215a)

top

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 governrd 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 perty 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 ir 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 coownership shall be forfeited in favor of their common children. I