Family Values

Chapter 4
Learning Objectives:
Learning Objectives:
At the end of the chapter, students are expected to:
*Understand the nature, composition and contributions
of the family to the development of personal values; •
*Understand the duties of each member of the family
as provided under pertinent laws;
* Understand the different property relations of
husband and wife and their corresponding obligations
as provided by law; and, •
* Understand the importance of the acquisition as
personal values of the laws on family.
Family values refer to such virtues
which a family as a smallest unit of
the social institution must possess in
order to preserve its solidarity and as
the first training ground for
citizenshitp.
Importance of the Family as an Institution
The importance of the family as the smallest
social institution is vivified by the fact that the
same is given emphasis under the 1987 Philippine
Constitution with Article XV thereof devoted for
the family. This is so because 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.1 Art. XV 1987 Phil.
Constitution).
Constitutional Provisions about the Family
The Constitutional provisions about the family is hereby quoted to wit:
1. Marriage as an inviolable sne state (sution is the foundation of the family and
shall be protected by the state (Séc.2 Art. XV 1987 Phil., Const.).
2. The state shall defend the following:
a. The right of the spouses the find a family in accordance with their Thigious
convictions and the demands of responsible parenthothe
b. The rights of children protection free, including proper care and Ther tigh and
special protection from all form of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development
; c. The right of the family to a family living wage, and income;
d. The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them (Sec.3 Art. XV 1987 Phil.
Constitution).
e. The family has the duty to care for its elderly members but the state may also do
so through just programs of social security (Sec. 4 Art. XV 1987 Phil. Constitution).
Sanctity of Family Life
The state recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary rights and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government (Sec. 12 Art. 11,
1987 Phil. Constitution).

Constitutional Provisions on Personal Values

The state values the dignity of every human person and guarantees
full respect for human rights (Sec.11 Art. 11, 1987 Phil. Constitution).
Family as an Institution
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 (Art. 149, Family Code, EO No.
209).
Family relations include those:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants whether of the full
or half blood (Art. 150, EO 209)
Suit between Members of the Family
No suit between members of the same family shall prosper unless it should
appear from the verified complaint or petition that earnest efforts
towards a compromise have been made, but that the same have failed.
If it is shown that no efforts were in fact made to this effect, the case
must be dismissed. This rule however, shall not apply to cases which may
not be the subject of compromise under the Civil Code (Art. 151, Family
Code).
Cases where no Compromise is Allowed
No compromise upon the following questions shall be valid:
1. The civil status of persons
2. The validity of a marriage or a legal separation
3. Future support
4. The jurisdiction of Courts
5. Future legatime (Art. 2035, Civil Code)
Support
Support comprises everything indispensable for sustenance, dwelling,
clothing, medical attendance, education and transportation in keeping with
the financial capacity of the family. The education of the persons entitled
to be supported referred to in the preceding paragraph shall include his
schooling or training for some professional, 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 (Art.194, Civil Code of the Phil.-RA
386).
Persons obliged to Support
The following are obliged to support each other:
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children and the legitimate and illegitimate
children of the latter, and,
4. Legitimate brothers and sisters, whether of the full or half blood
(Art.195, Family Code, EO 209).
Order of Persons Obliged to Give Support
Whenever two or more persons are obliged to give support, the liability
shall devolve upon the following in the order herein provided:
a. The Spouse
b. The descendants in the nearest degree
c. The brothers and sisters (Art. 199, Family Code)

When Two or More are Required to Give Support

If 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 (Art, 200, Family Code, EO 209),
Alternative for Support
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 (Art. 204, Family Code, EO 209).

Obligation to Give Support shall be Demandable

The obligation to give support shall be demandable from the time the
person who has the right to receive the same, needs it for maintenance, but
it shall not be paid except from the date of judicial or extra judicial
demand.
Support pedente lite may be claimed in accordance with the Rules of Court,
Payment shall be made within the first five (5) days of each corresponding
month. When the recipient dies, his heirs shall be obliged to return what has
been received in advanced (Art. 203 Family Code).
Support shall not be levied
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 (Art. 205, Family Code).
Right for Reimbursement
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 the right of
reimbursement from the person obliged to give support (Art. 207,
Family Code),
Moreover, 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
any intention of being reimbursed (Art. 206, Family Code).
Contractual Support
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 or
attachment or execution. Furthermore, contractual support shall be subject
to adjustments whenever modification is necessary due to changes in
circumstances manifesting beyond the contemplation of the parties (Art.
208, Family Code).
Parental Authority
Responsibilities of Parents
Pursuant to the natural rights and duty of parents over the persons
and property of their un-emancipated children, parental authority
and responsibility shall include the caring for and rearing of such
children for civic consciousness and efficiency and the development of
their moral, mental and physical character and well-being (Art. 209,
Family Code).
Non-transferability of Parental Authority
Parental authority and responsibility may not be transferred or renounced
except in cases authorized by law (Art. 210, Family Code).
Joint Obligation of Parents
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 reverence and respect towards their parents
and are obliged to obey them as long as the children are under parental
authority (Art. 211, Family Code).
No Members of the Family shall be Allowed to Testify against one
another
No descendant shall be compelled, in a criminal case, to testify against his
parents and grandparent, except when such testimony is indispensable in a
crime, against the descendants or by one parent against the other (Art. 215,
Family, Code).
Substitute Parental Authority Separation of Parents
In default of parents or a judicially appointed In case of separation of the parents, parental
guardian, the following persons shall exercise authority shall be exercised by the parent
substitute parental authority over the child in the designated by the court. The court shall take
order indicated below: 1. The surviving grandparent; into account all relevant considerations,
2. The oldest brother or sister, over 21 years of age, especially the choice of of age, unless the
unless unfit or disqualified; and, 3. The child's actual parent chosen is unfit. the child over seven
custodian, over 21 years of age unless unfit or years No child under seven (7) years of age
disqualified. Whenever the appointment of a judicial shall be separated from the mother unless
guardian over the property of the child becomes the court finds compelling reasons to order
necessary, the same order of preference shall be otherwise (Art. 213, Family Code).
observed (Art. 216, Family Code).

Foundlings, etc.
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 (Art. 217, Family Code).
Rights and Duties of Parents
The parents and those exercising parental authority shall have with respect to their
unemancipated children or 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, inculcate their interest in
civic affairs, and inspire in them compliance with the duties of citizenship;
4. To enhance, protect, preserve and maintain their physical and mental health at all
times;
5. 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;
6. To represent them in all matters affecting their interests;
7. To demand from them respect and obedience;
8. To improve discipline on them as may be required under the circumstances; and,
9. To perform such other duties as imposed by law upon parents and guardians (Art.
220, Family Code).
Civil Liability
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 (Art. 221, Family Code).

Disciplinary Measures
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 the plenary measures over the child. The child
shall be entitled to the assistance of counsel either of his choise or appointed by the
Court, and a summary hearing shall be conducted wherein the petitioner and the child
shall be heard..
However, when 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
such other measures as it may deem just and proper (Art, 223 Family code).
Commitment of the Child in Children's Homes
The measures referred to above may include the commitment of the child for not more
than thirty (30) days in entities or institution engaged in child care, or in children's
home 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 (Art. 224, Family Code)

Effect of Parental Authority upon the Property of the Child

The father and the mother shall, jointly exercise legal guardianship over the property
of their unemancipated common child without the necessity of the court appointment.
In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary.
When the market value of the property or the annual income of the child exceeds Php
50,000.00, the parent concerned shall be required to furnish a bond in such amount
as the Court may determine but not less than ten percentum (10%) of the value of the
property or annual income, to guaranter the performance of the obligations
prescribed for general guardians.
Child's Income
The property of the unemancipated child earned or acquired with hi 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 rights of the parents over the fruits and income of the child property
shall be limited primarily to the child's support and secondarily to the
collective daily needs. of the family (Art. 226, Family Code).
Administration by the Unemancipated Child of the Parent's
Property
If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such properties 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 given in whole or in part shall not be
charged to the child's legitime (Art. 227, Family Code).
Suspension of Parental Authority
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 (Art. 230, Family Code).
Termination of Parental Authority
Parental authority terminated permanently:
1. Upon the death of the parents
2. Upon the death of the child; or
3. Upon emancipation Other Modes of terminating Parental Authority
Unless subsequently revived by a final judgment, parental authority also terminates:
Unless subsequently revived by a final judgment, parental authority also terminates:
1. Upon adoption of the child,
2. Upon appointment of general guardian,
3. Upon judicial declaration of abandonment of a child in a case filed for the purpose,
4. Upon final judgment of a competent court divesting the party concerned of
parental authority, oг,
5. Upon judicial declaration of absence or incapacity of the person exercising
parental authority (Art. 229, Family Code)
Other Grounds for Suspension of Parental Authority
The Court in an action filed for the purpose or 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.
If the degree of seriousness so warrant 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 proceedings if the court finds that the cause therefore has ceased and will not be
repeated (Art. 231 Family Code).

Permanent Deprivation of Parental Authority

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 (Art. 232, Family Code).
Effect of Emancipation
Emancipation takes place by the attainment of majority. Unless otherwise provided
majority commences at the age of eighteen (18) years (as amended by RA 6809). This is
also the marital age for both male and female (Art. 5).
Emancipation for any cause 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 and
the parental advice until the age of 25 (Art. 15 & 15, Family Code)
Rights and Obligations between Husband and Wife
The husband and wife are obliged to live together, observe mutual love, respect and
fidelity and render mutual help and support (Art. 68, Family Code).
The husband and wife shall fix the family domicile. In case of disagreement, the Court
shall decide.
The Court may exempt one spouse from living with the other if the latter should live
abroad or there are other valid and compelling reasons for the exemption. However,
such exemption shall not apply if the same is not compatible with the solidarity of the
family (Art. 69, Family Code).
Joint Responsibility of the Spouses
The spouses are jointly responsible for the support of the family. The expenses for such
support and other conjugal obligations shall be paid from the community property
and, in the absence thereof, from the income or fruits of their separate properties. In
case of insufficiency or absence of said income or fruits such obligation shall be
satisfied from their separate properties (Art.70, Family Code).

Household Management
The management of the household shall be the right and duty of both spouses. The
expenses for such management shall be paid in accordance with the provision as above
stated (Art. 70, Family Code).

When One of the Spouses Neglects his/her Duties

When one of the spouses neglects his/her duties to the conjugal union or commits acts
which tend to bring danger, dishonor or injury to the other or to the family, the
aggrieved party may apply to the court for relief (Art. 72, Family Code).
Any Spouse may Exercise legitimate Profession
Either spouse may exercise any legitimate profession, occupation, business or activity without the
consent of the other. The latter may object only on valid, serious and moral grounds. In case of
disagreement, the Court shall decide whether or not:
1. The objection is proper, and,
2. Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued
prior to the objection, the resulting obligation shall be enforced against the separate property of
the spouse who has not obtained consent.
The foregoing provision shall not prejudice the rights of creditors who acted in good faith (Art. 73,
Family Code).
Property Relations between Husband and Wife
The property relations between husband and wife shall be governed by the following order
1. By marriage settlements executed before the marriage.
2. By the provision of this Code; and,
3. By the local customs (Art. 74, Family Code).

Absolute Community of Property Prevails

The future spouses may, in the marriage settlement agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property or any
other regime In the absence of marriage settlement, or when the regime agreed upon
is void the system of absolute community of property govern (Art. 75, Family Code).
Marriage Settlement
The marriage settlements and any modification thereof shall be in writing, signed by the parties and
executed before the celebration of the marriage. They shall not prejudice third person unless they are
registered in the local civil registry where the marriage contract is recorded as well as in the proper
registries of properties (Art. 77, Family Code).

Guardian's participation in the Marriage Settlement

For the validity of any marriage settlement executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for
the guardian appointed by the competent court to be made a party thereto (Art. 79, Family Code).

Philippine Laws Govern

In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses
shall be governed by Philippine law, regardless of the place of the celebration of the marriage and their
residence. These rules shall not apply:
1. Where both spouses are aliens,
2. With respect to the extrinsic validity of contracts affecting property not situated in the Philippines
and executed in the country where the property is located; and,
3. With respect to the extrinsic validity of contract entered into in the Philippines affecting property
situated in a foreign country whose laws requires different formalities for its extrinsic validity (Art. 80
Family Code).
Effects if Marriage not celebrated
Everything stipulated in the marriage settlement in consideration of the future marriage including the
donations between the prospective spouses made therein, shall be rendered void if the marriage does not
take place. However, stipulations that do not depend upon the celebration of the marriage shall be valid
(Art. 81, Family Code).
Donations by Reason of Marriage
Donations by reason of marriage are those which made before its celebration, in consideration of the
same, and in favor of one or both of the future spouses (Art. 82, Family Code).
However, if the future spouses agree upon a regime other than the absolute community of property,
they cannot donate to each other in their marriage settlements more than one-fifth (1/5) of their
present property. Any excess shall be considered void (Art. 84, Family Code).

Revocation of Donation by Reason of Marriage

A donation by reason of marriage may be revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially declared void ab initio except donations made in the
marriage settlement which does not depend upon the celebration of marriage (Art. 81, Family Code).
2. When the marriage takes place without the consent of the parents or guardians, as required by law.
3. When the marriage is annulled and the donee acted in bad faith.
4. Upon legal separation, the donee being the guilty party.
5. If it is with resolutory condition and the condition is complied with
6. When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on
donation in general (Art. & Family Code).
Donation by and between the Spouse during Marriage
Every donation or grant of gratuitous advantage, direct or indirect between the
spouses during the marriage shall be void, except moderate gifts which the spouses
may give each other on the occasion of any family rejoicing. The prohibition shall also
apply to persons living together a husband and wife without a valid marriage (Art.
87, Family Code).
Absolute Community of Property when Commence
The absolute community of property between spouses shall commena at the precise
moment that the marriage is celebrated. Any stipulation expressed or implied, for the
commencement of the community regime a any other time shall be void (Art. 88, Family
Code).
Non-Waiver of Rights
No waiver of rights, interests, shares and effects of the absolute community of property
during the marriage can be made except in case judicial separation of property.
When the waiver takes place upon a judicial separation of property. after the marriage
has been dissolved or annulled, the same shall appear in a public instrument and shall be
recorded with the Civil Registry where the marriage contract is recorded.
The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the
extent of the amount sufficient to cove the amount of their credits (Art. 89, Family Code).
Applicability of Co-ownership
The provisions on co-ownership shall apply to the absolute of property between the
spouses in all matters not provided th law on absolute community of property (Art. 90,
Family Code).
What Constitutes Community Property
Unless otherwise provided by law or in the marriage settlement, the community property
shall consist of all the properties owned by the spouses at the time of the celebration of
the marriage or acquired thereafter (Art. 91, Family Code).
What is Excluded from the Community Property
The following shall be excluded from the community property:
1. Property acquired during the marriage by gratuitous title by spouse, and the fruits as
well as the income thereof, if any unless it is expressly provided by the donor, testator or
grantor that they shall form part of the community property.
2. Property for personal and exclusive use of either spouse. However, jewelry shall form
part of the community property.
3. Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits, as well as the income it any of such
property (Art. 92 Family Code).
Property acquired during the marriage is presumed to belong to the community, unless it
is proved that it is one of those excluded therefrom (Art. 93, Family Code).
Liability of the Community Property
The absolute community property shall be liable for the following:
1. The support of the spouses, their common children, and legitimate children of either spouse, however, the
support of illegitimate children shall be governed by the law on support as herein provided;
2. All debts and obligations contracted during the marriage by the designated administrator-spouse for the
benefit of the community, or both spouses, or by one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the,
family may have been benefited;
4. All taxes, liens, charges and expenses including major or minor repairs, upon the community property;
5. All taxes and expenses for mere preservation made during marriage upon the separate property of either
spouses used by the family;
6. Expenses to enable either spouse to commence or complete professional or vocational course, or other
activity for self-improvement;
7. Antenuptial debts of either spouse in so far as they redounded to the benefit of the family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate children for
the exclusive purpose of commencing or completing a professional or vocational course or other activity for
self-improvement;
9. Antenuptial debts of either spouse ouse other than those falling under paragraph 7 hereof, the support of
illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi
delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse the payment of
which shall be considered as advances to be deducted from the share of the debtor- spouse upon liquidation of
the community; and,
10. Expenses of litigation between the spouses unless the suit is found to be groundless. If the community
expenses is insufficient to cover the foregoing liabilities except those falling under paragraph 9, the spouses
shall be solidarily liable for the unpaid balance with their separate properties (Art. 94, Family Code).
Administration, Enjoyment and Ownership of Community Property
The administration and enjoyment of the community property shall belong to both
spouses jointly. In the case of disagreement, the husband's decision shall prevail, subject
to recourse to the court by the wife for a proper remedy, which must be availed of
within five (5) years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume the powers of
administration. These powers do not include the powers of disposition or encumbrance
without the authority of the court or the written consent of the other spouse. In the
absence of such authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the court before the
offer is withdrawn by either or both offerors (Art. 96, Family Code).
Moderate Donation
Neither spouse may donate any community property without the consent of the other.
However, either spouse may, without the consent of the other, make moderate donations
from the community property for charity or on occasions of family rejoicing or family
distress (Art. 98, Family Code).
Dissolution of Absolute Community Property Regime
The absolute community terminates:
1. Upon the death of either spouse;
2. When there is a decree of legal separation
3. When the marriage is annulled or declared void;
4. In case of judicial separation of property during the marriage under Articles 134 to
138 (Art. 99, Family Code).
Sole Administration of the Absolute Community Property
If a spouse without just cause abandons the other or fails to comply with his or her
obligations to the family, the aggrieved spouse may petition the court for
receivership, for judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such precautionary as the court
may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal
dwelling without any intention of returning.. The spouse who has left the conjugal
dwelling for a period of three (3) months or has failed within the same period to give
any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling (Art. 101, Family Code).
Conjugal Partnership of Gains
Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties and those acquired by either both
spouses through their efforts of or by chance, upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by their or both spouses shall be divided equally between them, unless
otherwise agreed in the marriage. (Art. 106, Family Code).
Presumption in favor of Conjugal Partnership
All properties acquired during the marriage, whether the acquisition appears to have been made,
contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the
contrary is proved (Art. 116, Family Code).
Properties Belonging to
Conjugal Partnership The following are conjugal partnership properties:
1. Those acquired by onerous title during the marriage at the expense of the common fund, whether the
acquisition be for the partnership or for only one of the spouses;
2. Those obtained from the labor, industry, work or profession of either or both of the spouses;
3. The fruits, natural, industrial or civil, due or received 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 treasures which the law awards to the finder or owner of the
property where the treasure is found;
5. Those acquired through occupation such as fishing or hunting;
6. Livestocks existing upon the dissolution of the partnership in excess of the number of each kinds
brought to the marriage by either spouse; and,
7. Those which are acquired by chance, such as winnings from gambling or betting. However, losses
therefrom shall be borne exclusively by the loser spouse (Art. 117, Family Code).
Property bought partly from Exclusive and Conjugal Funds
Property bought on installments paid partly from exclusive funds of either or both
spouses and partly from conjugal funds belongs to the buyer or buyers if full
ownership was vested before the marriage, and to the conjugal partnership if such
ownership was vested during the marriage. In either case, any amount advanced by
the partnership or by either or both spouses shall be reimbursed by the owners upon
liquidation of the partnership (Art. 118, Family Code).
Credit Payable
Whenever an amount or credit payable within a period of time belong to one of the
spouses, the sums which may be collected during the marriage in partial payments or
by installments on the principal shall be the exclusive property of the spouse.
However, interest falling due during the marriage on the principal shall belong to the
conjugal partnership (Art. 119, Family Code).

Lost in Gambling
Whatever may be lost during the marriage in any game of chance, or in betting,
sweepstake, or in any kind of gambling whether permitted or prohibited by law, shall
be borne by the loser and shall not be charged to the conjugal partnership but any
winnings therefrom shall form part of the conjugal partnership property (Art. 123,
Family Code)..
Liabilities of the Conjugal Partnership
The conjugal partnership shall be liable for:
1. The support of the spouse, their common children and the legitimate children of either spouse,
however, the support of illegitimate children shall be governed by the provisions of this Code on
support;
2. All debts and obligations contracted during the marriage by the designated administrator
spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them
with the consent of the other;
3. Debts and obligations by either spouse, without the consent of the other to the extent that
the family may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs upon the conjugal
partnership property;
5. All taxes and expenses for mere preservation made during the marriage upon the separate
property of either spouse;
6. Expenses to enable their spouse to commence or complete a professional or vocational, or
other activity for self improvement
7. Antenuptial debts of either spouse in so far as they have redounded to the benefit of the
family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate
children for the exclusive purpose of commencing or completing a professional or vocational
course or other activity for self improvement; and,
9. Expenses of litigation between the spouses unless the suit is found to be groundless. If the
conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be
solidarily liable for the unpaid balance with their separate properties (Art. 121, Family Code).
Administration of Conjugal Partnership Property
The administration and enjoyment of the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which must be availed of within
five (5) years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the spouse.
In the absence of such authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors (Art. 124, Family Code).
Donation of Conjugal Partnership
Neither spouse may donate any conjugal partnership property without the consent of
the other. However, either spouse may, without the consent of the other, make
moderate donations from the conjugal partnership property for charity or on occasions
of family rejoicing or family distress (Art. 125, Family Code).
Dissolution of Conjugal Partnership Property Regime
The conjugal partnership terminates:
1. Upon the death of either spouse;
2. When there is a decree of legal separation;
3. When the marriage is annulled or declared void; and, 4. In case of judicial separation
of property during the marriage settlement (Art 126, Family Code).
Abandonment by the Spouse
If a spouse without just cause abandons the other or fails to comply with his or her
obligations to the family, the aggrieved spouse may petition the court for receivership,
for judicial separation of property, or for authority to be the sole administrator of the
conjugal partnership property, subject to such precautionary conditions as the court
may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal dwelling
for a period of three (3) months or has failed with the same period to give any
information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling (Art. 128, Family Code).
Separation of Properties
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 (Art. 134, Family Code).
Grounds for Separation of Properties
1. That the spouse of petitioner has been sentenced to a penalty which carries civil
interdiction;
2. That the spouse of the petitioner has been judicially declared an absentee;
3. That the 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 under Article 101 hereof,
5. That the spouse granted the power of administration in the marriage settlements has
abused that power;
6. That at the time of the petition, the spouse has been separated in fact for at least one
year and reconciliation is highly improbable.
In the cases provided for under paragraph 1, 2 and 3 above, the same shall be enough basis
for the grant of the decree of judicial separation of property (Art. 135, Family Code).
Grounds for the Revival of the Property Regime
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 the power or the
authorities 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 spouse who have been 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 (Art. 141,
Family Code).
Transfer of the Administration of all Exclusive Properties to another Spouse
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 is judicially declared an absentee;
2. When one spouse becomes the guardian of the other;
3. When one spouse is sentenced to a penalty which carries with it civil interdiction, and,
4. When one spouse becomes a fugitive from justice or accused in a criminal case
If the other spouse is not qualified by reason of interest, or any other just cause, the Court
shall appoint a suitable person to be the Administrator (Art. 142, Family Code).
Regime of Separation of Property
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 (Art. 144, Family Code).
Power to Dispose of Separate Property
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 (Art. 145, Family Code).
Family Expenses
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 liability of the spouses to the creditors for family expenses shall, however, be solidary (Art. 146,
Family Code).
Property Regime of Unions without Marriage
When a man and a woman who are capacitated to marry each other live exclusively as husband and wife
without the benefit of marriage or under a void marriage, their wages and salațies 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 live 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 the purpose 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 intervivos of his or her share in the property acquired
during cohabitation and 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 innocent party.
In all cases, the forfeiture shall take place upon termination of the cohabitation (Art. 147, Family Code).
Rights of Legitimate Children
The legitimate children shall have the right:
1. To bear the surname of the father and the mother, in conformity with the provisions
in 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 the Code on support; and,
3. To be entitled to the legitime and other successional rights granted to them by the
Civil Code (Art. 174, Family Code).

Rights of the Illegitimate Children

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 their father through the record of birth appearing
in the Civil Registrar, or when an admission in a public document or private
handwritten instrument is made by the father. However, the father, during his
lifetime may prove his non-filiations to the child. The legitime of each illegitimate
child shall consist of one-half of the legitime of the legitimate child (Art. 176, Family
Code as amended by RA 9255).
Equal Rights between Men and Women
Relative to these rights of men and women, the declaration on Global Ethic has this to
say:
"Numberless men and women of all regions and religions strive to live their lives in a spirit of partnership and
responsible action in the areas of love, sexuality and family. Nevertheless, all over the world there are condemnable
forms of patriarchy, domination of one sex over the other, exploitation of women, sexual misuse of children, and
forced prostitution. Too frequently, social inequities force women and even children into prostitution as a means of
survival-particularly in less developed countries.
a. In the great ancient religious and ethical traditions of humankind we find the directive: You shall not commit
sexual immorality! Or in positive terms: Respect and love one another! Let us reflect anew on the consequences of
this ancient directive: No one has the right to degrade others to mere sex objects, to lead them into or hold them in
sexual dependency.
b. We condenin sexual exploitation and sexual discrimination as one of the worst forms of human degradation. We
have the duty to resist wherever the domination of one sex over the other is preached - even in the name of
religious conviction: wherever sexual exploitation is tolerated, wherever prostitution is fostered or children are
misused. Let no one be deceived: There is no authentic humaneness without a living together in partnership!
c. Young people must learn at home and in school that sexuality is not negative, destructive, or exploitative force,
but creative and affirmative. Sexuality as a life-affirming shaper of community can only be effective when
partners accept the responsibilities of caring for one another's happiness. d. The relationship between women and
men should be characterized not by patronizing behavior or exploitation, but by love, partnership, and
trustworthiness. Human fulfillment is not identical with sexual pleasure. Sexuality should express and reinforce a
loving relationship lived by equal partners.
Some religious traditions know the ideal of a voluntary renunciation of the full use of sexuality. Voluntary
renunciation also can be an expression of identity and meaningful fulfillment.
e. The social institution of marriage, despite all its cultural and religious variety, is characterized by love, loyalty
and permanence. It aims at and should guarantee security and mutual support to husband, wife, and child. It should
secure the rightsolial Lamily members. "Parliament of the World's Religions, Chicago Illinois, Declaration of Global
Ethic, August 28, 1993)
THANK YOU

PRESENTED BY: RICA MAE

CARONA