Article 51CITIZENSHIP AND DOMICILE

(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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

ARTICLE 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)

ARTICLE 135. Any of the following shall be considered

sufficient cause for judicial separation of property:

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(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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 138. After dissolution of the absolute

community or of the conjugal partnership, the provisions

on complete separation of property shall apply. (191a)

ARTICLE 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)

ARTICLE 140. The separation of property shall not

prejudice the rights previously acquired by creditors.

(194a)

ARTICLE 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)

ARTICLE 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

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

ARTICLE 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

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forfeiture shall take place upon termination of the

cohabitation. (144a)

ARTICLE 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 both faith. (144a)

TITLE V THE FAMILY

Chapter 1. The Family as an Institution

ARTICLE 149. The family, being the foundation of the

nation, is a basic social institution which public policy

cherishes and protects. Consequently, family relations are

governed by law and no custom, practice or agreement

destructive of the family shall be recognized or given

effect. (216a, 218a)

ARTICLE 150. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or

halfblood. (217a)

ARTICLE 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

ARTICLE 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)

ARTICLE 153. The family home is deemed constituted on

a house and lot from the time it is occupied as a family

residence. From the time of its constitution 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 156. The family home must be part of the

properties of the absolute community or the conjugal

partnership, or of the exclusive properties of either spouse

with the latter's consent. It may also be constituted by an

unmarried head of a family on his 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)

ARTICLE 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)

ARTICLE 158. The family home may be sold, alienated,

donated, assigned or encumbered by the owner or

owners thereof with the written consent of the person

constituting the same, the latter's spouse, and a majority

of the beneficiaries of legal age. In case of conflict, the

court shall decide. (235a)

ARTICLE 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)

ARTICLE 160. When a creditor whose claims is not among

those mentioned in Article 155 obtains a judgment in his

favor, and he has reasonable grounds to believe that the

family home is actually worth more than the maximum

amount fixed in Article 157, he may apply to the court

which rendered the judgment for an order directing the

sale of the property under execution. The court shall so

order if it finds that the actual value of the family home

exceeds the maximum amount allowed by law as of the

time of its constitution. If the increased actual value

exceeds the maximum allowed in Article 157 and results

from subsequent voluntary improvements introduced by

the person or persons constituting the family home, by

the owner or owners of the property, or by any of the

beneficiaries, the same rule and procedure 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)

ARTICLE 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)

ARTICLE 162. The provisions in this Chapter shall also

govern existing family residences insofar as said

provisions are applicable. (n)

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TITLE VI PATERNITY AND FILIATION

Chapter 1. Legitimate Children

ARTICLE 163. The filiation of children may be by nature or

by adoption. Natural filiation may be legitimate or

illegitimate. (n)

ARTICLE 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)

ARTICLE 165. Children conceived and born outside a valid

marriage are illegitimate, unless otherwise provided in

this Code. (n)

ARTICLE 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)

ARTICLE 167. The child shall be considered legitimate

although the mother may have declared against its

legitimacy or may have been sentenced as an adulteress.

(256a)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

ARTICLE 172. The filiation of legitimate children is

established by any of the following:

(1) The record of birth appearing in the civil register or a

final 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)

ARTICLE 173. The action to claim legitimacy may be

brought by the child during his or her lifetime and shall

be transmitted to the heirs should the child die during

minority or in a state of insanity. In these cases, the heirs

shall have a period of five years within which to institute

the action.

ARTICLE 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in

conformity with the provisions of the Civil Code on

Surnames;

(2) To receive support from their parents, their

ascendants, and in proper cases, their brothers and

sisters, in conformity with the provisions of this Code on

Support; and

(3) To be entitled to the legitimate and other successional

rights granted to them by the Civil Code. (264a)

Chapter 3. Illegitimate Children

ARTICLE 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)

ARTICLE 176. Illegitimate children shall use the surname

and shall be under the parental authority of their mother,

and shall be entitled to support in conformity with this

Code. 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

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illegitimate child shall consist of one-half of the legitime

of a legitimate child. (287a) ( as amended by RA No 9255)

Chapter 4. Legitimated Children

ARTICLE 177. Children conceived and born outside of

wedlock of parents who, at the time of conception of the

former, were not disqualified by any impediment to

marry each other, or were so disqualified only because

either or both of them were below eighteen (18) years of

age, may be legitimated.(269a) (as amended by RA No

9858)

ARTICLE 178. Legitimation shall take place by a

subsequent valid marriage between parents. The

annulment of a voidable marriage shall not affect the

legitimation. (270a) ( as amended by RA No 9858)

ARTICLE 179. Legitimated children shall enjoy the same

rights as legitimate children. (272a)

ARTICLE 180. The effects of legitimation shall retroact to

the time of the child's birth. (273a)

ARTICLE 181. The legitimation of children who died before

the celebration of the marriage shall benefit their

descendants. (274)

ARTICLE 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

ARTICLE 183. A person of age and in possession of full

civil capacity and legal rights may adopt, provided he is in

a position to support and care for his children, legitimate

or illegitimate, in keeping with the means of the family.

Only minors may be adopted, except in 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,

EO 91 and PD 603)

ARTICLE 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,

EO 91 and PD 603)

ARTICLE 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, EO 91 and PD 603)

ARTICLE 186. In case husband and wife jointly adopt or

one spouse adopts the legitimate child of the other, joint

parental authority shall be exercised by the spouses in

accordance with this Code. (29a, EO and PD 603)

ARTICLE 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by

nature of the adopter or his or her spouse, or, prior to the

adoption, said person 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,

EO 91 and PD 603)

ARTICLE 188. The written consent of the following to the

adoption shall be necessary:

(1) The person to be adopted, if ten years of age or over,

(2) The parents by nature of the child, the legal guardian,

or the proper government instrumentality;

(3) The legitimate and adopted children, ten years of age

or over, of the adopting parent or parents;

(4) The illegitimate children, ten years of age or over, of

the adopting parent, if living with said parent and the

latter's spouse, if any; and

(5) The spouse, if any, of the person adopting or to be

adopted. (31a, EO 91 and PD 603)

ARTICLE 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a

legitimate child of the adopters and both shall acquire

the reciprocal rights and obligations arising from the

relationship of parent and child, including the right of the

adopted to use the surname of the adopters;

(2) The parental authority of the parents by nature over

the adopted shall terminate and be vested in the

adopters, except that if the adopter is the spouse of the

parent by nature of the adopted, parental authority over

the adopted shall be exercised jointly by both spouses;

and

(3) The adopted shall remain an intestate heir of his

parents and other blood relatives. (39(1)a, (3)a, PD 603)

ARTICLE 190. Legal or intestate succession to the estate

of the adopted shall be governed by the following rules:

(1) Legitimate and illegitimate children and descendants

and the surviving spouse of the adopted shall inherit

from the adopted, in accordance with the ordinary rules

of legal or intestate succession;

(2) When the parents, legitimate or illegitimate, or the

legitimate ascendants of the adopted concur with the

adopter, they shall divide the entire estate, one-half to be

inherited by the parents or ascendants and the other half,

by the adopters;

(3) When the surviving spouse or the illegitimate children

of the adopted concur with the adopters, they shall divide

the entire estate in equal shares, one-half to be inherited

by the spouse or the illegitimate children of the adopted

and the other half, by the adopters.

(4) When the adopters concur with the illegitimate

children and the surviving spouse of the adopted, they

shall divide the entire estate in equal shares, one-third to

be inherited by the illegitimate children, one-third by the

surviving spouse, and one-third by the adopters;

(5) When only the adopters survive, they shall inherit the

entire estate; and

(6) When only collateral blood relatives of the adopted

survive, then the ordinary rules of legal or intestate

succession shall apply. (39(4)a, PD 603)

ARTICLE 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

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adoption on the same grounds prescribed for

disinheriting an ascendant. (40a, PD 603)

ARTICLE 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)

ARTICLE 193. If the adopted minor has not reached the

age of majority at the time of the judicial rescission of the

adoption, the court in the same proceeding shall

reinstate the parental authority of the parents by nature,

unless the latter are disqualified or incapacitated, in

which case the court shall appoint a guardian over the

person and property of the minor. If the adopted person

is 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

ARTICLE 194. Support compromises 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

extrajudicial 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

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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)

ARTICLE 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

ARTICLE 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)

ARTICLE 210. Parental authority and responsibility may

not be renounced or transferred except in the cases

authorized by law. (313a)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 219. 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

ARTICLE 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)

ARTICLE 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 )

ARTICLE 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)

ARTICLE 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

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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)

ARTICLE 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

ARTICLE 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)

ARTICLE 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)

ARTICLE 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

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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.

lawphi1.net

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)

ARTICLE 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)

ARTICLE 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

ARTICLE 234. Emancipation takes place by the

attainment of majority. Unless otherwise provided,

majority commences at the age of eighteen years. (397a,

398a, 400a, 401a) (a s amended by RA 6809)

ARTICLE 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) ( a s repealed by RA 6809)

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ARTICLE 236. Emancipation 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, save the exceptions established by existing laws in

special cases.

Contracting marriage shall require parental consent until

the age of twenty-one.

Nothing in this Code shall be construed to derogate from

the duty or responsibility of parents and guardians for

children and wards below twenty-one years of age

mentioned in the second and third paragraphs of Article

2180 of the Civil Code. (412a) (a s amended by RA 6809)

ARTICLE 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)

(a s repealed by RA 6809)

TITLE XI SUMMARY JUDICIAL PROCEEDINGS IN

THE FAMILY LAW

Chapter 1. Prefatory Provisions

ARTICLE 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

ARTICLE 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)

ARTICLE 240. Claims for damages by either spouse,

except costs of the proceedings, may be litigated only in a

separate action. (n)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 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)

ARTICLE 247. The judgment of the court shall be

immediately final and executory. (n)

ARTICLE 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

ARTICLE 249. Petitions filed under Articles 223, 225 and

235 of this Code involving parental authority shall be

verified.. (n)

ARTICLE 250. Such petitions shall be verified and filed in

the proper court of the place where the child resides. (n)

ARTICLE 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)

ARTICLE 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

ARTICLE 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 217, insofar as they

are applicable. (n)

TITLE XII FINAL PROVISIONS

ARTICLE 254. Titles III, IV, V, VI, VII, 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.

ARTICLE 255. If any provision of this Code is held invalid,

all the other provisions not affected thereby shall remain

valid.

ARTICLE 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.

ARTICLE 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.

BOOK I | Persons (cont)

TITLE X FUNERALS ( n)