FAMILY CODE

Title I. Marriage

Chapter 1. Requisites of Marriage

Article 1 Marriage, defined; purposes and characteristics

Article 2 Marriage, essential requisites
Article 3 Marriage, formal requisites
Article 4 Effect of absence of essential or formal requisites
Article 5 Minimum age for marriage
Article 6 Marriage ceremony
Article 7 Persons authorized to solemnize marriages
Article 8 Place of solemnization of marriage
Article 9 Issuance of marriage license
Article 10 Marriage by consular officials
Article 11 Marriage license application
Article 12 Determination of required age by local civil registrar
Article 13 Documents required if parties were previously married
Article 14 Parental consent required
Article 15 Parental advice required
Article 16 Marriage counseling required
Article 17 Posting of notice of marriage license application
Article 18 Knowledge of marriage impediments by local civil registrar
Article 19 Marriage license fees
Article 20 Validity of marriage license
Article 21 Marriage by foreign citizens
Article 22 Marriage certificate or contract
Article 23 Distribution of copies of marriage certificate
Article 24 Duty of local civil registrar to prepare documents, administer oaths

Article 25 Registry Book

Article 26 Marriage by Filipinos outside the Philippines

Chapter 2. Exempt From License Requirement

Article 27 Marriage in articulo mortis

Article 28 Marriage in an inaccessible place
Article 29 Sworn affidavit of solemnizing officer
Article 30 Affidavit to be sent to local civil registrar
Article 31 Marriage solemnized by ship captain or airplane pilot
Article 32 Marriage solemnized by military commander
Article 33 Marriage by Muslims and cultural minorities
Article 34 Marriage by parties who have cohabited for at least five years

Chapter 3. Void and Voidable Marriage

Article 35 Void marriages
Article 36 Psychological incapacity
Article 37 Void incestuous marriages
Article 38 Void marriages by reason of public policy
Article 39 No prescription in void marriages
Article 40 Judicial declaration of nullity of marriage required
Article 41 Void, valid subsequent marriage
Article 42 Subsequent marriage terminated by recording of affidavit of
reappearance
Article 43 Effects of termination of second marriage by reappearance
Article 44 Bad faith of both spouses of subsequent marriage
Article 45 Grounds for annulment of marriage
Article 46 Circumstances that constitute fraud
Article 47 Prescriptive period to bring action for annulment
Article 48 Rules in actions for annulment or declaration of absolute nullity of
marriage
Article 49 Support and custody during pendency of cases
Article 50 Matters to be disposed of in final judgment
Article 51 Delivery of presumptive legitimes
Article 52 Registration of final judgment of annulment or declaration of
absolute nullity
Article 53 Effects of subsequent marriage without registration of final
judgment
Article 54 Legitimacy of children of voidable or void marriages

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Title II. Legal Separation

Article 55 Legal separation, defined

Article 56 Grounds for denial of petition for legal separation
Article 57 Period to file action for legal separation
Article 58 Six months cooling-off period
Article 59 Duty of Court to initiate reconciliation
Article 60 No legal separation based on stipulation of facts or confession of
judgment
Article 61 Effects of filing petition for legal separation
Article 62 Support of spouses and custody of children during pendency of
petition
Article 63 Effects of decree of legal separation
Article 64 Other effects of decree of legal separation
Article 65 Filing of joint manifestation of reconciliation
Article 66 Effects of reconciliation
Article 67 Agreement to revive former property regime
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Title III. Rights and Obligations Between Husband and Wife

Article 68 Personal obligations of the spouses

Article 69 Who decides on the family domicile
Article 70 Responsibility for family support
Article 71 Household management by both spouses
Article 72 Relief from the courts in case of disagreement
Article 73 Exercise by a spouse of a profession, industry, etc
.
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Title IV. Property Relations Between Husband and Wife

Chapter 1. General Provisions

Article 74 How shall property relations to be governed

Article 75 Property regimes that may be agreed upon by spouses
Article 76 Modification of the marriage settlement
Article 77 Form of marriage settlements and its modifications
Article 78 Marriage settlements by minor
Article 79 Marriage settlements by persons under civil interdiction or other
disability
Article 80 Property relations governed by Philippine law
Article 81 Stipulations in marriage settlements void if marriage does not take
place

Chapter 2. Donations by Reason of Marriage

Article 82 Requisites for donations propter nuptias

Article 83 Donations propter nuptias governed by rules on ordinary donations

Article 84 One-fifth limitation on present property

Article 85 Donations propter nuptias of encumbered property
Article 86 Grounds for revocation
Article 87 Void donations or grants of gratuitous advantage between spouses
during the marriage

Chapter 3. System of Absolute Community

Section 1. General Provisions

Article 88 System of absolute community of property (ACP) explained

Article 89 Effects of ACP during the marriage
Article 90 Rules on co-ownership suppletory to ACP
Section 2. What Constitutes Community Property

Article 91 What constitutes community property

Article 92 Properties excluded from the community property
Article 93 Presumptions on property acquired during marriage

Section 3. Charges Upon and Obligations of the Absolute Community

Article 94 Obligations and charges upon the ACP

Article 95 What may not be charged upon the ACP

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

Article 96 Ownership, administration, etc. of ACP

Article 97 Disposition of interest in the ACP by will
Article 98 Donation of ACP property void without marital consent

Section 5. Dissolution of Absolute Community Regime

Article 99 Causes and effects of termination of ACP

Article 100 Effects of separation de facto on the ACP
Article 101 Abandonment or failure to comply with obligations

Section 6. Liquidation of the Absolute Community Assets and Liabilities

Article 102 Procedure in liquidation, inventory and payment of obligations of

the ACP
Article 103 Liquidation of ACP upon death of either spouse
Article 104 Liquidation of community properties of two or more marriages

Chapter 4. Conjugal Partnership of Gains

Section 1. General Provisions

Article 105 When Conjugal Partnership (CPG) governs

Article 106 What constitutes the CPG
Article 107 When the CPG commences
Article 108 Rules governing the CPG

Section 2. Exclusive Property of Each Spouse

Article 109 Exclusive property of each spouse

Article 110 Rights of each spouse over exclusive property
Article 111 Other rights over his/her exclusive property
Article 112 Alienation of exclusive property terminates the spouse’s
 administration
Article 113 Property donated to or acquired by will
Article 114 Onerous donations to the spouses
Article 115 Rules on benefits received by the spouses

Section 3. Conjugal Partnership Property

Article 116 Property acquired during marriage presumed conjugal

Article 117 Properties that comprise the CPG
Article 118 Rules on property bought on installment basis
Article 119 Payments of principal, exclusive property; interest, conjugal
Article 120 Rules on improvements or buildings made on separate property

Section 4. Charges Upon and Obligations of the Conjugal Partnership

Article 121 Obligations and charges upon the CPG

Article 122 Personal debts, fines and pecuniary liabilities of each spouse
Article 123 What may not be charged upon the CPG

Section 5. Administration of the Conjugal Partnership Property

Article 124 Administration, enjoyment, disposition of the CPG

Article 125 Donation of CPG property void without marital consent; exception

Section 6. Dissolution of Conjugal Partnership of Gains

Article 126 Causes and effects of termination of CPG

Article 127 Separation in fact, effects on CPG
Article 128 Situations under this Article; abandonment

Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities

Article 129 Steps in liquidating the CPG

Article 130 Liquidation of CPG upon death of either spouse
Article 131 Liquidation of CPG properties of two or more marriages
Article 132 Applicability of Rules of Court
Article 133 Support during liquidation of CPG

Chapter 5. Separation of Property of the Spouses and Administration of Common Property by

One Spouse During the Marriage

Article 134 Judicial separation of property

Article 135 Sufficient case for judicial separation of property
Article 136 Steps in voluntary separation of property
Article 137 Liquidation upon separation of property; support
Article 138 Regime after dissolution
Article 139 Recording of requirements
Article 140 Protections to creditors
Article 141 Revival of prior regime
Article 142 Transfer of administration of conjugal property

Chapter 6. Regime of Separation of Property

Article 143 Regime of complete separation of property defined

Article 144 Kinds of separation of property
Article 145 Rights of each spouse over his/her property
Article 146 Liability of each spouse for family expenses

Chapter 7. Property Regimes of Unions Without Marriages

Article 147 Unions without marriage, under a void marriage; rules

Article 148 Rules on wages and salaries, acquired properties, etc
.
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Title V. The Family

Chapter 1. The Family as an Institution

Article 149 Definition of family

Article 150 Persons having family relations with each other
Article 151 Earnest efforts at compromise before suits between family
members
Article 152 Definition of family home
Article 153 How family home is constituted
Article 154 Beneficiaries of family home
Article 155 Liabilities of the family home
Article 156 What properties constitute the family home
Article 157 Maximum value of the family home
Article 158 Alienation or encumbrance of the family home
Article 159 Effect of death on the family home
Article 160 Liability of family home to creditors
Article 161 Limitation on constitution of family home
Article 162 Applicability to existing family residences

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Title VI. Paternity and Filiation

Chapter 1. Legitimate Children

Article 163 Kinds of filiation of children

Article 164 Natural legitimate children; artificial insemination
Article 165 Illegitimate children
Article 166 Grounds to impugn legitimacy of a child
Article 167 Declaration of mother against legitimacy of a child
Article 168 Status of child whose mother contracts another marriage
Article 169 Children born 300 days after termination of marriage
Article 170 Who can and when to impugn legitimacy of a child
Article 171 When heirs may impugn legitimacy

Chapter 2. Proof of Filiation

Article 172 How to establish or prove filiation

Article 173 Who can and when to bring action to claim legitimacy
Article 174 Rights of legitimate children

Chapter 3. Illegitimate Children

Article 175 Proof of filiation of illegitimate children; when and how to bring
action to claim filiation
Article 176 Rights of illegitimate children

Chapter 4. Legitimated Children

Article 177 Who can be legitimated

Article 178 When legitimation takes place
Article 179 Rights of legitimated children
Article 180 Retroactive effect of legitimation
Article 181 Legitimation benefits child’s descendants
Article 182 Who can and when to impugn legitimation; grounds

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Title VII. Adoption

Article 183 Definition and purpose of adoption; who may be adopted

Article 184 Who may not adopt
Article 185 Adoption jointly by husband and wife
Article 186 Joint parental authority in adoption
Article 187 Who may not be adopted
Article 188 Consent necessary for adoption
Article 189 Effects of adoption
Article 190 Rules on legal or intestate succession
Article 191 Rescission of adoption
Article 192 Rescission of adoption by adopters
Article 193 Rescission where adopted is a minor or handicapped; legal effects
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Title VII. Support

Article 194 What is included in support

Article 195 Who are obliged to support each other
Article 196 Support between illegitimate brothers and sisters
Article 197 Properties liable for support of relatives
Article 198 Support during certain proceedings
Article 199 Order of support
Article 200 Rules when obligation to support falls upon two or more persons
Article 201 Rules on amount of support
Article 202 Amount of support subject to change or modification
Article 203 Demandibility of support
Article 204 Options given to the obligor
Article 205 Support exempt from attachment or execution
Article 206 When stranger gives support
Article 207 Unjust refusal to give support
Article 208 Support by contract or will

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Title IX. Parental Authority

Chapter 1. General Provisions

Article 209 What is parental authority

Article 210 Parental authority cannot be renounced
Article 211 Joint parental authority; duties of children under parental authority
Article 212 Effect of death of one spouse or remarriage of surviving parent
Article 213 Effect of separation of the parents
Article 214 Substitute parental authority by grandparent
Article 215 Prohibited testimony

Chapter 2. Substitute and Special Parental Authority

Article 216 Persons exercising parental authority

Article 217 Parental authority over disadvantaged children
Article 218 Persons exercising special parental authority
Article 219 Liability of persons exercising special or substitute parental
authority

Chapter 3. Effect of Parental Authority Upon the Person of the Children

Article 220 Rights and duties of parents

Article 221 Liability of parents and guardians for damages caused by children
Article 222 Guardian for child’s property
Article 223 Disciplinary measures by court order
Article 224 Disciplinary measures to be imposed

Chapter 4. Effect of Parental Authority Upon the Property of the Children

Article 225 Joint legal guardianship over child’s property; bond

Article 226 Properties belonging to child in ownership; parents’ rights over
fruits
Article 227 Rules when parents entrust their property to a child

Chapter 5. Suspension or Termination of Parental Authority

Article 228 Permanent termination of parental authority

Article 229 Revival of terminated parental authority
Article 230 Suspension of parental authority by civil interdiction
Article 231 Suspension and deprivation of parental authority by court order
Article 232 Permanent deprivation of parental authority
Article 233 Authority of persons exercising substitute or special parental
authority

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Title X. Emancipation and Age of Majority

Article 234 Emancipation of a child

Article 235 (Repealed by RA 6809)
Article 236 Effect of emancipation
Article 237 (Repealed by RA 6809)

Title XI. Summary Judicial Proceedings in the Family Law

Chapter I. Prefatory Provisions

Article 238 Scope of application of summary rules

Chapter 2. Separation in Fact Between Husband and Wife

Article 239 Verified petition for authorization to enter into transaction

Article 240 Claims for damages litigated in separate action
Article 241 Jurisdiction over petition in RTC of either spouse’s residence
Article 242 Notice to other spouse
Article 243 Preliminary conference without lawyers
Article 244 Court’s duty in non-appearance of the other spouse
Article 245 Ex parte proceedings in other spouse’s absence
Article 246 Petition decided in summary hearing
Article 247 Judgment immediately final and executory
Article 248 Rules governing petition for administration of separate property

Chapter 3. Incidents Involving Parental Authority

Article 249 Verified petition under Articles 223, 225 and 235
Article 250 Petition in court where child resides
Article 251 Notice to parents or guardians
Article 252 Rules in Chapter 2 applicable

Chapter 4. Other Matters Subject To Summary Proceedings

Article 253 Summary rules for Articles 41, 51, 69, 73, 96, 214, and 217

Title XII. Final Provisions

Article 254 Repeal of Titles in Book 1 of the Civil Code

Article 255 Separability clause
Article 256 Retroactive effect
Article 257 Effectivity of the Family Code