Requisites for Validity of Marriage Settlements [Art. 75, privately stipulated [Solis v. Barroso, G.R. No.

27939
Family Code] (1928)]

1. Future spouses agree upon the regime of Who May Donate

absolute community, a conjugal partnership of gains, 1. Spouses to each other

complete separation of property, or any other regime. 2. Parents of one or both spouses
3. Third persons to either or both spouses
2. In the absence of marriage settlement, or when the
regime agreed upon is void, the system of absolute Donations Excluded are:
community property as established in this Code shall
govern. 1. Ordinary wedding gifts given after the celebration of
marriage
Requirements for Marriage Settlements and any 2. Donations in favor of future spouses made before
Modification Thereof [Art. 77, Family Code] marriage but not in consideration thereof
3. Donations made in favor of persons other than the
1. Must be made in writing spouses even if founded on the intended marriage
2. Signed by the parties
3. Executed before the marriage celebration
4. 4. If executed by a person below 21 years, valid only
when persons are required to give consent to the (a) Revocation by donor
marriage (father, mother, or guardian, respectively) are Art. 86. A donation by reason of marriage may be revoked by
made parties to the agreement [Art. 78, Family Code;
the donor in the following cases:
Sec. 3, RA 6809 amending Art. 236, Family Code]
(1) If the marriage is not celebrated or judicially declared void
Requisites of Donation Propter Nuptias
ab initio except donations made in the marriage
1. Made before the celebration of marriage
settlements, which shall be governed by Article 81;
2. Made in consideration of marriage NCC Article 765. The donation may also be revoked at
3. Made in favor of one or both of the future the instance of the donor, by reason of ingratitude in
the following cases:
spouses
(1) If the donee should commit some offense against
4. In a public document and not merely the person, the honor or the property of the
 donor, or of his wife or children under his community, or by both spouses, or by one spouse with the
parental authority; consent of the other;
(2) If the donee imputes to the donor any (3) Debts and obligations contracted by either spouse without
criminal offense, or any act involving moral the consent of the other to the extent that the family may
turpitude, even though he should prove it, have been benefited;
unless the crime or the act has been committed (4) All taxes, liens, charges and expenses, including major or
against the donee himself, his wife or children minor repairs, upon the community property;
under his authority; (5) All taxes and expenses for mere preservation made during
(3) If he unduly refuses him support when the marriage upon the separate property of either spouse used by
donee is legally or morally bound to give the family;
support to the donor. (648a) (6) Expenses to enable either spouse to commence or
complete a professional or vocational course, or other activity
FC Art. 43 (3) - The termination of the subsequent marriage for self-improvement;
referred to in the preceding Article shall produce the (7) Antenuptial debts of either spouse insofar as they have
following effects: redounded to the benefit of the family;
(3) Donations by reason of marriage shall remain valid, (8) The value of what is donated or promised by both spouses
except that if the donee contracted the marriage in in favor of their common legitimate children for the exclusive
bad faith, such donations made to said donee are purpose of commencing or completing a professional or
revoked by operation of law; vocational course or other activity for self-improvement;
(9) 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
ABSOLUTE COMMUNITY OF PROPERTY spouse by reason of a crime or a quasi-delict, in case of
absence or insufficiency of the exclusive property of the
Art. 94. The absolute community of property shall be liable debtor-spouse, the payment of which shall be considered as
for: advances to be deducted from the share of the debtor-spouse
(1) The support of the spouses, their common children, and upon liquidation of the community; and
legitimate children of either spouse; however, the support of (10) Expenses of litigation between the spouses unless the suit
illegitimate children shall be governed by the provisions of this is found to be groundless.
Code on Support; If the community property is insufficient to cover the
(2) All debts and obligations contracted during the marriage by foregoing liabilities, except those falling under paragraph (9),
the designated administrator-spouse for the benefit of the
the spouses shall be solidarily liable for the unpaid balance (3) The fruits, natural, industrial, or civil, due or received
with their separate properties. during the marriage from the common property, as well as the
net fruits from the exclusive property of each spouse;
(4) The share of either spouse in the hidden treasure which
the law awards to the finder or owner of the property where
b) Sole Administration the treasure is found;
(1) incapacity, Art. 96 (2) – without need for court order (5) Those acquired through occupation such as fishing or
(2) separation in fact, Art. 100 (3) – with need for court order hunting;
(3) abandonment, Art. 101 – with need for court order (6) Livestock existing upon the dissolution of the partnership
(4) pendency of legal separation proceedings, Art. 61 – with in excess of the number of each kind brought to the marriage
need for court order by either spouse; and

CAUSES FOR DISSOLUTION (7) Those which are acquired by chance, such as winnings
Art. 99. The absolute community terminates: from gambling or betting. However, losses therefrom shall be
(1) Upon the death of either spouse; borne exclusively by the loser-spouse. (153a, 154a, 155, 159)
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or (4) In
case of judicial separation of property during the marriage
under Article 134 to 138. Exclusive properties of each spouse

CONJUGAL PARTNERSHIP OF GAINS Art. 109. The following shall be the exclusive property of each
spouse:

Art. 117. The following are conjugal partnership properties: (1) That which is brought to the marriage as his or her
(1) Those acquired by onerous title during the marriage at the own;
expense of the common fund, whether the acquisition be for (2) That which each acquires during the marriage by
the partnership, or for only one of the spouses; gratuitous title;
(2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
 (3) That which is acquired by right of redemption, by there is already a final decree of legal separation, unless
barter or by exchange with property belonging to only parties agree to revive former regime
one of the spouses; and
(4) That which is purchased with exclusive money of (d) judicial separation of property
the wife or of the husband. (148a)

(a) Brought as exclusive property

Administration of a separate property by the other spouse

Art. 142. The administration of all classes of exclusive property

Dissolution of the CPG of either spouse may be transferred by the court to the other
Art. 126 - The conjugal partnership terminates: spouse:

(1) Upon the death of either spouse; (1) When one spouse becomes the guardian of the other;

(2) When there is a decree of legal separation; (2) When one spouse is judicially declared an absentee;
(3) When the marriage is annulled or declared void; or (4) In
case of judicial separation of property during the marriage (3) When one spouse is sentenced to a penalty which carries
under Articles 134 to 138 (175a) 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.
SEPARATION OF PROPERTY
If the other spouse is not qualified by reason of incompetence,
1. When applicable conflict of interest, or any other just cause, the court shall
(a) when provided for in marriage settlements appoint a suitable person to be the administrator. (n)

(b) when surviving spouse contracts subsequent marriage JUDICIAL SEPARATION OF PROPERTY
without liquidation of prior marriage’s property relation [FC
103 & 130] - May be voluntary or for sufficient cause
(c) when spouses in legal separation case reconcile when
For sufficient cause Effects of judicial separation of property (a) liquidation of ACP
or CPG
Art. 135. Any of the following shall be considered sufficient
cause for judicial separation of property: (b) support pendente lite
(1) That the spouse of the petitioner has been sentenced to a
penalty which carries with it civil interdiction; (c) Regime after JSP is complete separation; where decree of
legal separation had been issued and parties reconcile,
(2) That the spouse of the petitioner has been judicially complete separation or agree to revive former regime
declared an absentee; (d) Binding effect 3rd parties – record in civil registry & registry
(3) That loss of parental authority of the spouse of petitioner of property
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; FAMILY RELATIONS
(5) That the spouse granted the power of administration in the
marriage settlements has abused that power; and To be a beneficiary of the FH, three requisites must concur:
(6) That at the time of the petition, the spouses have been (1) they must be among the relationships enumerated in Art.
separated in fact for at least one year and reconciliation is 154 of the FC; (2) they live in the FH; and (3) they are
highly improbable. dependent for legal support upon the head of the the family.

In the cases provided for in Numbers (1), (2) and (3), the Exemptions
presentation of the final judgment against the guilty or absent
spouse shall be enough basis for the grant of the decree of Art. 155. The family home shall be exempt from execution,
judicial separation of property. (191a) 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, Support; and
materialmen and others who have rendered service or (3) To be entitled to the legitimate and other successional
furnished material for the construction of the building. rights granted to them by the Civil Code.

Change of name by legitimate/d child (of mother)

PATERNITY AND FILIATION he following may be considered, among others, as proper

or reasonable causes that may warrant the grant of a
Who are considered marital/legitimate children? (a) petitioner for change of name; (1) when the name is
ridiculous, tainted with dishonor, or is extremely difficult to
Conceived during marriage
(b) Born during marriage write or pronounce; (2) when the request for change is a
consequence of a change of status, such as when a
(c) Conceived by artificial insemination
natural child is acknowledged or legitimated; and (3)
when the change is necessary to avoid confusion
(d) Adopted children (e) Legitimated children

Conceived during marriage

Effects of Recognition of father
• TERMINATED MARRIAGE, FC Art. 42-43
Rule 8. Effects of Recognition
(presumptive death)
8.1 As a rule, an illegitimate child not acknowledged by
the father shall use the surname of the mother.
• VOID MARRIAGE, FC Art. 36, 54
• VOIDABLE MARRIAGE, FC Art. 45, 54
8.2 Illegitimate child acknowledged by the father shall use
the surname of the mother if no AUSF is executed.
Rights of a Marital Child
8.3 An illegitimate child aged 0-6 years old acknowledged
Art. 174. Legitimate children shall have the right:
by the father shall use the surname of the father, if the
(1) To bear the surnames of the father and the mother, in
mother or the guardian , in the absence of the mother ,
conformity with the provisions of the Civil Code on
executes the AUSF.
Surnames;
(2) To receive support from their parents, their
8.4 An illegitimate child aged 7 to 17 years old
ascendants, and in proper cases, their brothers and
acknowledged by the father shall use the surname of the
sisters, in conformity with the provisions of this Code on
father if the child executes an AUSF fully aware of its husband, except in the instance provided in the second
consequence as attested by the mother or guardian paragraph of Article 164; or

8.5 Upon reaching the age of majority , an illegitimate (3) That in case of children conceived through artificial
child acknowledged by the father shall use the surname insemination, the written authorization or ratification of
of his father provided that he executes an AUSF without either parent was obtained through mistake, fraud,
need of any attestation . violence, intimidation, or undue influence. (255a)

(a) Physical impossibility of access

Grounds to impugn legitimacy: Heirs may impugn filiation

Art. 166. Legitimacy of a child may be impugned only on Art. 171. The heirs of the husband may impugn the
the following grounds: filiation of the child within the period prescribed in the
(1) That it was physically impossible for the husband to preceding article only in the following cases:
have sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the (1) If the husband should die before the expiration of the
birth of the child because of: period fixed for bringing his action;

(a) the physical incapacity of the husband to have sexual (2) If he should die after the filing of the complaint without
intercourse with his wife; having desisted therefrom; or
(b) the fact that the husband and wife were living
separately in such a way that sexual intercourse was not (3) If the child was born after the death of the husband.
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
Adoption Who may adopt? From notes

Salient Points of R.A. No. 11642 National Authority for Child Care (NACC)

1. Adoption proceedings are now administrative, no longer • ▪ ICAB has been reorganized into a one-stop
judicial.
quasi-judicial agency on alternative child care
2. ICAB reorganized into the NACC.
known as NACC attached to the DSWD.
3. Adoption telling is provided under the law.
• ▪ NACC has jurisdiction over all alternative child
4. Inclusion of social media as means of locating birth parents.
care matters including issuance of CDCLAA,
5. Process of Matching is expressly stipulated under the law. domestic administrative adoption, foster care,
simulated birth cert & Inter-country adoption.
6. Database on Adoption to maintained by NACC.
• ▪ NACC is composed of a Council and a
7. Legal relationship created by adoption is extended to the Secretariat.
relatives of the PAPs. • ▪ The Council is composed of the Secretary of

8. Foreign nationals who are permanent and habitual residents DSWD and 6 members (psychiatrist/psychologist,
of the Philippines for at least five years may adopt. 2 lawyers with RTC qualification, social worker, 2
reps from NGOs engaged in child caring or placing
9. Children with no known parents are to be issued birth activities.
certificate prior to issuance of CDCLAA. 10.. Independent
placement is only allowed for children independently placed • ▪ Regional Alternative Child Care Office (RACCO)
before effectivity of the law. is created for each region in charge with petitions
for CDCLAA, domestic administrative adoption,
11. Mandatory appearance of PAPs before the RACCO during inter-country adoption, foster care, alternative
application period. forms of child care and rectification of simulated
birth.
12.Designation of 2nd week of June as Adoption and
Alternative Child Care Week.
 • ▪ There shall also be Regional Child Placement adopter and the adoptee may be waived when the
Committee (RCPC) in each RACCO composed of adopter is the biological parent of the adoptee, or is the
multidisciplinary group. spouse of the adoptee’s parent;

(b) The legal guardian with respect to the ward after the
termination of the guardianship and clearance of financial
Effects of adoption: accountabilities;

• The adoptee shall be considered the legitimate (c) The legal guardians with respect to the foster child;

child of the adopter. (d) Philippine government officials and employees

deployed or stationed abroad: Provided, That they are
• Legitimate filiation created between adopter & able to bring the child with them; and
adoptee shall extend to the adopter’s parents,
legitimate siblings and legitimate descendants. (e) Foreign nationals who are permanent or habitual
residents of the Philippines for at least five (5) years
• All legal ties between biological parents and possessing the same qualifications as above stated for
adoptee shall be severed and vested on adopters.
Filipino nationals prior to filing of the
petition: Provided, That they come from a country with
diplomatic relations with the Republic of the Philippines
Section 21. Who May Adopt. – The following may adopt: and that the laws of the adopter’s country will
acknowledge the Certificate of Adoption as valid,
(a) Any Filipino citizen at least twenty-five (25) years of acknowledge the child as a legal child of the adopters,
age, who is in possession of full civil capacity and legal and allow entry of the child into such country as an
rights; has not been convicted of any crime involving adoptee: Provided, further, That requirements of
moral turpitude; is of good moral character and can residency may be waived for the following:
model the same; is emotionally and psychologically
capable of caring for children; at least sixteen (16) years (1) A former Filipino citizen, habitually residing in the
older than the adoptee; and who is in a position to Philippines, who seeks to adopt a relative within fourth
support and care for adopted children in keeping with the (4th) civil degree of consanguinity or affinity; or
means of the family: Provided, That the requirement of
sixteen (16)-years difference between the age of the
(2) One who seeks to adopt the legitimate child of the Types of Adoption:
Filipino spouse; or
(1) Adoption of Children with CDCLAA; (2) Step-Parent
(3) One who is married to a Filipino citizen and seeks to Adoption;
adopt jointly with the spouse a relative within the fourth
(4th) degree of consanguinity or affinity of the Filipino (3) Relative Adoption;
spouse.
(4) Adult Adoption;

(5) Children with Simulated Birth Certificate.

Section 22. Who May Be Adopted. – The following may be
adopted:

(a) Any child who has been issued a CDCLAA; Common Procedure:

(b) The legitimate child of one spouse by the other spouse; • If consent of persons required to give consent

(c) An illegitimate child by a qualified adopter to improve could not be secured, present proof that despite
status of legitimacy;
diligent efforts, said person cannot be located;
(d) A Filipino of legal age if, prior to the adoption, said person
has been consistently considered and treated by the adopters as • File Petition for Adoption with RACCO of city
their own child for a period of at least three (3) years;
where they reside;
(e) A foster child;
• Petition to be published for 3 consecutive weeks in
(f) A child whose adoption has been previously rescinded;
a newspaper of general circulation;
(g) A child whose biological or adoptive parents have died:
Provided, That no proceedings shall be initiated within six (6) • No adversarial proceedings;
months from the time of death of said parents; or
• Order of Adoption shall instruct Civil Registrar to
(h) A relative of the adopter.
seal original birth certificate of adoptee and issue 2. non-permanent termination
Art. 229. Unless subsequently revived by a final judgment,
a new one parental authority also terminates:
(1) Upon adoption of the child;
• A Motion for Reconsideration of the Order of (2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a
Adoption can be filed within 15 days from receipt. Upon denial case filed for the purpose;
of the MR, 10 days to file appeal with Court of Appeals; (4) Upon final judgment of a competent court divesting the
party concerned of parental authority; or
• PAPs can avail of benefits
(5) Upon judicial declaration of absence or incapacity of the
person exercising parental authority.

PARENTAL AUTHORITY Art. 190. Legal or intestate succession to the estate of

the adopted shall be governed by the following rules:
Civil Code – Care & Education of Children (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
Article 356. Every child:
legal or intestate succession;
(1) Is entitled to parental care;
(2) Shall receive at least elementary education; (2) When the parents, legitimate or illegitimate, or the
(3) Shall be given moral and civic training by the parents or legitimate ascendants of the adopted concur with the
guardian; adopter, they shall divide the entire estate, one-half to be
(4) Has a right to live in an atmosphere conducive to his inherited by the parents or ascendants and the other half,
physical, moral and intellectual development. by the adopters;

1. permanent termination of PA (3) When the surviving spouse or the illegitimate children
Art. 228. Parental authority terminates permanently: (1) Upon of the adopted concur with the adopters, they shall divide
the death of the parents; the entire estate in equal shares, one-half to be inherited
(2) Upon the death of the child; or by the spouse or the illegitimate children of the adopted
(3) Upon emancipation of the child. 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 Article 385. The following may ask for the declaration of
by the illegitimate children, one-third by the surviving absence:
spouse, and one-third by the adopters; (1) The spouse present;

(5) When only the adopters survive, they shall inherit the (2) The heirs instituted in a will, who may present an authentic
entire estate; and copy of the same;
(6) When only collateral blood relatives of the adopted (3) The relatives who may succeed by the law of intestacy;
survive, then the ordinary rules of legal or intestate (4) Those who may have over the property of the absentee
succession shall apply.
some right subordinated to the condition of his death.

EMANCIPATION Entries in the civil register

Summary Proceedings under the Family Code Article 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
• ❖ Art. 100 (2) & Art. 127 (2) – to secure consent of annulments of marriage; (6) judgments declaring marriages
spouse to a transaction when separated in fact void from the beginning; (7) legitimations; (8) adoptions; (9)
• ❖ Art. 41 – declaration of presumptive death acknowledgments of natural children; (10) naturalization; (11)
• ❖ Art. 69 – disagreement in fixing family domicile loss, or (12) recovery of citizenship; (13) civil interdiction; (14)
• ❖ Art. 73 – objection over exercise of profession judicial determination of filiation; (15) voluntary emancipation
• ❖ Art. 96 - disagreement in administration of ACP of a minor; and (16) changes of name.
• ❖ Art. 124 – disagreement in administration of CPG
• ❖ Art. 217 – parental authority over foundlings and
abandoned children filed by heads of children’s homes
• ❖ Art. 225 – bond of guardian over minor’s property