VNA:rgs:emr 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
ELIMINATING THE IMMEDIATE REQUIREMENTS OF DELIVERY 
OF PRESUMPTIVE LEGITIME OF CHILDREN UPON THE 
ANNULMENT 
OR 
DECLARATION 
OF 
NULLITY 
OF 
THE 
MARRIAGE OF THEIR PARENTS 
EXPLANATORY NOTE: 
This Bill seeks to amend the requirements of delivery of 
presumptive legitime of children, as provided under Articles 50, 51, 52, 
102, and 129 of Executive Order No. 209, s. 1987, as amended, otherwise 
known as the Family Code of the Philippines.  
While it is ideal that all marriages endure and stand the test of time, 
in sickness and in health, till death do the spouses part, such is not always 
the case. And when the spouses find themselves in a situation with 
irreconcilable differences, and with legal grounds to nullify or declare 
their marriage void ab initio, and the Court grants their respective 
petitions, the Court then orders the delivery of presumptive legitimes to 
the children as provided for in Articles 50, 51, 52, 102, and 129 of the 
Family Code. 
It is respectfully submitted that there is no need to deliver 
presumptive legitimes. The provisions of the Family Code are more than 
sufficient insofar as obligating the parents, under penalty of law, to 
provide for the support of the children, which includes “everything 
indispensable for sustenance, dwelling, clothing, medical attendance, education 
and transportation, in keeping with the financial capacity of the family.”  
January 16, 2023
3:03 pm
6780


What is more, Republic Act No. 9262, otherwise known as the "Anti-
Violence Against Women and Their Children Act of 2004,” further 
protects the children and their right to economic support by criminally 
penalizing delinquent parents who fail to provide for their children’s 
needs.  
Finally, the delivery of presumptive legitimes, while well-
intentioned, has the unintended consequence of causing conflict among 
the children of the spouses whose marriage unfortunately reached its end. 
Said requirement is not only unnecessary, it is – worse – a detriment to 
the peace and harmony of the children. Let the law not unwittingly add 
more discord to family relationships.  
Hence, the approval of this Bill is earnestly sought. 
PANTALEON D. ALVAREZ 


Page 1 of 4 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.   _______ 
Introduced by  
REPRESENTATIVE PANTALEON D. ALVAREZ 
AN ACT 
ELIMINATING THE IMMEDIATE REQUIREMENTS OF DELIVERY 
OF PRESUMPTIVE LEGITIME OF CHILDREN UPON THE 
ANNULMENT 
OR 
DECLARATION 
OF 
NULLITY 
OF 
THE 
MARRIAGE OF THEIR PARENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 50 of the Family Code of the Philippines is hereby 
amended to read as follows - 
“Art. 50. The effects provided for by paragraphs (2), (3), (4) and 
(5) of Article 43 and by Article 44 shall also apply in the proper
cases to marriages which are declared ab initio or annulled by
final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, 
partition and distribution of the properties of the spouses, AND 
the custody and support of the common children, [and the 
delivery of third presumptive legitimes] unless such matters had 
been adjudicated in previous judicial proceedings. 
All creditors of the spouses as well as of the absolute community 
or the conjugal partnership shall be notified of the proceedings for 
liquidation. 
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Page 2 of 4 
In the partition, the conjugal dwelling and the lot on which it is 
situated, shall be adjudicated in accordance with the provisions of 
Articles 102 and 129.” 
 
SECTION 2. Articles 51 and 52 of the Family Code of the Philippines are 
hereby deleted.  
 
SECTION 3. Article 102 of the Family Code of the Philippines is hereby 
amended to read as follows - 
 
Art. 102. Upon dissolution of the absolute community regime, the 
following procedure shall apply: 
 
(1) An inventory shall be prepared, listing separately all the 
properties of the absolute community and the exclusive properties 
of each spouse. 
 
(2) The debts and obligations of the absolute community shall be 
paid out of its assets. In case of insufficiency of said assets, the 
spouses shall be solidarily liable for the unpaid balance with their 
separate properties in accordance with the provisions of the 
second paragraph of Article 94. 
 
(3) Whatever remains of the exclusive properties of the spouses 
shall thereafter be delivered to each of them. 
 
(4) The net remainder of the properties of the absolute community 
shall constitute its net assets, which shall be divided equally 
between husband and wife, unless a different proportion or 
division was agreed upon in the marriage settlements, or unless 
there has been a voluntary waiver of such share provided in this 
Code. For purpose of computing the net profits subject to forfeiture 
in accordance with Articles 43, No. (2) and 63, No. (2), the said 
profits shall be the increase in value between the market value of 
the community property at the time of the celebration of the 
marriage and the market value at the time of its dissolution. 
 
[(5) The presumptive legitimes of the common children shall be 
delivered upon partition, in accordance with Article 51.] 
 
[(6)] (5) Unless otherwise agreed upon by the parties, in the 
partition of the properties, the conjugal dwelling and the lot on 
which it is situated shall be adjudicated to the spouse with whom 


 
Page 3 of 4 
the majority of the common children choose to remain. Children 
below the age of seven years are deemed to have chosen the 
mother, unless the court has decided otherwise. In case there in no 
such majority, the court shall decide, taking into consideration the 
best interests of said children. (n) 
 
SECTION 4. Article 129 of the Family Code is hereby amended to read 
as follows - 
 
“Art. 129. Upon the dissolution of the conjugal partnership regime, 
the following procedure shall apply: 
 
(1) An inventory shall be prepared, listing separately all the 
properties of the conjugal partnership and the exclusive properties 
of each spouse. 
 
(2) Amounts advanced by the conjugal partnership in payment of 
personal debts and obligations of either spouse shall be credited to 
the conjugal partnership as an asset thereof. 
 
(3) Each spouse shall be reimbursed for the use of his or her 
exclusive funds in the acquisition of property or for the value of 
his or her exclusive property, the ownership of which has been 
vested by law in the conjugal partnership. 
 
(4) The debts and obligations of the conjugal partnership shall be 
paid out of the conjugal assets. In case of insufficiency of said 
assets, the spouses shall be solidarily liable for the unpaid balance 
with their separate properties, in accordance with the provisions 
of paragraph (2) of Article 121. 
 
(5) Whatever remains of the exclusive properties of the spouses 
shall thereafter be delivered to each of them. 
 
(6) Unless the owner had been indemnified from whatever source, 
the loss or deterioration of movables used for the benefit of the 
family, belonging to either spouse, even due to fortuitous event, 
shall be paid to said spouse from the conjugal funds, if any. 
 
(7) The net remainder of the conjugal partnership properties shall 
constitute the profits, which shall be divided equally between 
husband and wife, unless a different proportion or division was 
agreed upon in the marriage settlements or unless there has been 


 
Page 4 of 4 
a voluntary waiver or forfeiture of such share as provided in this 
Code. 
 
[(8) The presumptive legitimes of the common children shall be 
delivered upon the partition in accordance with Article 51.] 
 
[(9)] (8) In the partition of the properties, the conjugal dwelling and 
the lot on which it is situated shall, unless otherwise agreed upon 
by the parties, be adjudicated to the spouse with whom the 
majority of the common children choose to remain. Children below 
the age of seven years are deemed to have chosen the mother, 
unless the court has decided otherwise. In case there is no such 
majority, the court shall decide, taking into consideration the best 
interests of said children. (181a, 182a, 183a, 184a, 185a)” 
 
SECTION 5. Separability Clause. If any part of provision of this Act 
be considered as unconstitutional, the remaining parts not affected shall 
remain valid and in full effect.  
 
SECTION 6. Repealing Clause. All laws, decrees, orders, issuances, 
rules and regulations or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly. 
 
SECTION 7. Effectivity. This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in a newspaper of general 
circulation. 
 
Approved,