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1987 Constitution
Article XV The Family

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Sec. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Sec. 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Sec. 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

Relevant articles from Legal Updates blog

Adultery, concubinage and psychological violence

Financial support for abandoned woman and family

Divorce obtained abroad by a Filipino citizen against alien spouse recognized in the Philippines

The Amy Perez case: Psychological incapacity in annulment of marriages

Mediation not applicable to domestic violence cases

Custody battles over children: what determines fitness of a parent over another?

Can a mother be deprived of custody of her child?

Heirs and inheritance (Part 1): If your spouse dies without a last will, who will inherit?

Heirs and inheritance (Part 2): Legitimes, free portions, and intestate shares

Heirs and inheritance (Part 3): Rights of illegitimate children when their parent dies without a last will

Heirs and inheritance (Part 4): Who inherits from an illegitimate child?

Heirs and inheritance (Part 5): The right of legitimate children to inherit

Heirs and inheritance (Part 6): Settle the estate of your deceased spouse before marrying again

Heirs and inheritance (Part 7): Is property acquired before marriage the exclusive property of each spouse or does it belong to both spouses?

Heirs and inheritance (Part 8): Do inherited properties belong exclusively to the spouse who inherited them or to both spouses?

Heirs and inheritance (Part 9): Last will must be probated; Preterition (when a compulsory heir is omitted in a last will)

Article 176 of the Family Code: computing the share in the inheritance of legitimate and illegitimate children; an illegitimate child gets 50% of what a legitimate child is entitled to

When a man is married to or living in with several women successively or simultaneously, who has the right to inherit from him?

Disinheriting children and descendants, legitimate as well as illegitimate

Disinheriting your spouse

Can you legally force your spouse to live with and to love you?

If a wife gets pregnant by a man not her husband, will the child be legitimate or illegitimate?

DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence

Visitation rights over illegitimate children

What surname should illegitimate children use? Problems and issues with RA 9255 and its implementing guidelines

A primer on the Newborn Screening Act of 2004

A primer on RA 8972 or the Solo Parents’ Welfare Act of 2000

Can an unwed mother avail of the benefits of the Solo Parents Welfare Act?

Family Code of the Philippines: Primer on the property relations between husband and wife

Primer on the Family Code of the Philippines: Absolute community of property

Primer on the Family Code of the Philippines: Donations by reason of marriage

Family Code of the Philippines: Primer on legitimation

Family Code of the Philippines: Primer on illegitimate children

Family Code of the Philippines: Primer on paternity, filiation and legitimate children

Family Code of the Philippines: Primer on legal separation

Family Code of the Philippines: Primer on the family and family home

Family Code of the Philippines: Primer on void and voidable marriages

Family Code of the Philippines: Primer on marriage

Did the Supreme Court order all credit card companies to reduce their interest rate of 3% monthly and penalty fee of 3%?

Relevant articles from Salt and Light blog (on relationships, marriage and family)

Lessons in life and love from Miriam Quiambao

Relationship tips for Shalani (and other single men and women)

Getting married? Take a look at what “covenant marriage” is

How to save your marriage alone

Boundaries in Marriage

Oldies but Goodies: Ten Commandments for Wives and Husbands

Why Marriages Fail: He said, She said ...

Communication: Key to your Marriage

“Sad Movies Always Make Me Cry”

Surviving Marital Infidelity

Marital infidelity: causes, consequences and conclusions

Hope and help for the battered woman (4): Emotional abuse / psychological violence

Hope and help for the battered woman (5): Biblical response to abuse; evangelical Christians are best husbands – University of Virginia study

“Are you ready? Let’s get it on!” Marriage: The Ultimate Fighting Championship”

All about women: Move over, Jang Geum!

Do wives really want husbands to share their feelings and thoughts with them?

Emotional word pictures as a communication tool for increasing intimacy between husbands and wives

Hate Eight? Eight kinds of husbands and wives

Love Potion No. 9

Men are terrible mind readers ...

Rights and obligations between husband and wife from the Biblical standpoint and that of the Family Code

Ruffa, Ylmaz, TV Patrol, divorce and remarriage by Filipinos

The only exercise some people do is jumping to conclusions: Mind reading and negative interpretations

Transformers: Why do persistent suitors become passive husbands?

Update on the Mary Winkler case: A word of hope and encouragement for pastors' wives and female church workers

Why do men think the things they think, say the things they say, and do the things they do?

Free PDF newsletters on legal issues available for download

People vs. Florendo
G.R. No. 136845
October 8, 2003

As to the marriage of the victim and appellant, the trial court properly upheld its legitimacy. In parricide, the best proof of relationship between appellant and the deceased is the marriage certificate, and in the absence thereof, oral evidence of the fact of marriage may be considered. The testimony of appellant that he was married to the deceased is an admission against his penal interest. It is a confirmation of the pre-sumption that “a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.” Even if the marriage certificate was not presented, that the victim was the legitimate wife of appellant is evident from the testimonies of the prosecution witnesses. In open court, appellant himself volunteered the information in his offer of evidence through counsel and on direct examination that the victim was his legitimate wife.

Ilusorio vs. Ilusorio-Bildner G.R. No. 139789 July 19, 2001 and G.R. No. 139808 July 19, 2001

First. Erlinda K. Ilusorio claimed that she was not compelling Potenciano to live with her in consortium and that Potenciano' s mental state was not an issue.  However, the very root cause of the entire petition is her desire to have her husband's custody. Clearly, Erlinda cannot now deny that she wanted Potenciano Ilusorio to live with her.

The law provides that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity. The sanction therefor is the “spontaneous, mutual affection between husband and wife and not any legal mandate or court order” to enforce consortium.

Obviously, there was absence of empathy between spouses Erlinda and Potenciano, having separated from bed and board since 1972.  We defined empathy as a shared feeling between husband and wife experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion.  Marital union is a two-way process.

Marriage is definitely for two loving adults who view the relationship with “amor gignit amorem” respect, sacrifice and a continuing commitment to togetherness, conscious of its value as a sublime social institution.

How to become a Christian

Who is God? What is man? Who is Christ? Repent and believe

Gospel

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Executive Order No. 209    
The Family Code of the Philippines


Table of Contents

(To get to the article you want, click the Title, Chapter or Section headings. For a discussion of relevant issues, please surf to the blogs Legal Updates, Salt and Light, and Campus Connection. You can also download free PDF newsletters on legal issues.)

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

Back to top

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

Back to top

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
.
Back to top

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
.
Back to top

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

Back to top

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

Back to top

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

Back to top

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

Back to top

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

Back to top

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

Back to top

 
 

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This website is designed and maintained by Atty. Gerry T. Galacio, and is a ministry for (1) all persons affected by or interested in the laws referred to in this site, and (2) pastors and members of Baptist churches in the Philippines. This website is made possible by the prayers and support of individuals, pastors and churches. Your views, comments, and suggestions are most welcome. Please read the Articles of Faith, and legal and privacy statements before availing of the services offered by this website.

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