Article 151 of the Family Code: Earnest efforts before suing a family member
Status: In force
What does Article 151 say?
No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
What does it mean in plain language?
Article 151 of the Family Code says a lawsuit between members of the same family will not prosper unless the complaint shows that earnest efforts toward a compromise were made and failed. "Family" here means only the relatives listed in Article 150. The rule does not apply when someone outside that list is also a party, or when the case is one that cannot be compromised under the Civil Code.
"Earnest efforts toward a compromise" means real attempts to settle the dispute by agreement before going to court. A "verified" complaint is one confirmed under oath.
How does it work in real life?
Pia and her brother: a loan
Pia wants to sue her brother Quino to collect a loan. Her verified complaint must show that earnest efforts toward a compromise were made and failed, as Article 151 requires.
Rina and her brother-in-law
Rina sues her brother-in-law Sam over a house. Article 151 does not apply, because in-laws are not in the Article 150 list, as the Supreme Court held in the Martinez case.
Tess, her brother and his children
Tess sues her brother and his two children together over a lot. Because the nephews are strangers for Article 151, the rule does not apply to the suit, as in the Moreno case.
Uri and his sister: the defense not raised
Uri sues his sister without alleging earnest efforts. The court cannot dismiss the case on its own for that reason. His sister must raise it in a motion to dismiss or in her answer, or the defense is waived.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Article 151 is a different requirement from barangay conciliation. See do I need to go to the barangay first? No decision read for this page says whether barangay proceedings count as earnest efforts.
- The Supreme Court also has a Rule on Family Mediation (A.M. No. 24-02-06-SC) for court cases between family members, relatives within the fourth civil degree, and partners in a common-law, dating or sexual relationship. It is a separate court procedure, not the Article 151 requirement.
- Common disputes between relatives include support (Article 195) and co-owned land (can a co-owner sell his share?).
- For a question-and-answer guide, see suing a family member: the earnest efforts rule.
What does Article 151 say?
No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
Who are members of the same family?
Article 150 gives the list:
Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among other ascendants and descendants; and (4) Among brothers and sisters, whether of the full or half-blood.
In Martinez v. Martinez (2005), the Supreme Court said "members of the family" must be read together with Article 150, and that Article 151 must be construed strictly because it is an exception to the general rule. So a sister-in-law or brother-in-law is not included.
Does it apply when an outsider is also a party?
No. In Hiyas Savings and Loan Bank v. Acuña (2006), the Court said Article 151 covers a suit that is exclusively between or among family members, and that only a member of the same family may invoke it. In that case a bank, which is not a family member, could not use it.
In Moreno v. Kahn (2018), a suit between two full-blood siblings also included nephews and a niece as parties. The Court said the nephews and niece were "strangers" for Article 151, so the suit was beyond the reach of the rule.
What happens if earnest efforts were not shown?
The complaint is premature and may be dismissed. But in Moreno v. Kahn (2018), the Court also said that non-compliance is not a jurisdictional defect, so the court cannot dismiss the case on its own for that reason. It is a condition precedent: the other party must raise it at the earliest opportunity, in a motion to dismiss or in the answer. Otherwise it is deemed waived.
Frequently asked questions
What are earnest efforts under the Family Code?
They are real efforts toward a compromise. Article 151 says no suit between members of the same family shall prosper unless the verified complaint or petition shows that earnest efforts toward a compromise were made and failed.
Who are members of the same family under Article 151?
Those listed in Article 150: husband and wife, parents and children, other ascendants and descendants, and brothers and sisters of full or half-blood. In Martinez v. Martinez (2005), the Supreme Court said a brother-in-law or sister-in-law is not included.
Does the rule apply if a non-family member is also a party?
No. The Supreme Court has said Article 151 applies only to suits exclusively between or among members of the same family. In Moreno v. Kahn (2018), nephews and a niece were strangers to the suit between two full-blood siblings, so the rule did not apply.
Can the court dismiss the case on its own for lack of earnest efforts?
No. In Moreno v. Kahn (2018), the Court said non-compliance is not a jurisdictional defect. It is a condition precedent that the other party must raise at the earliest opportunity, in a motion to dismiss or in the answer, or it is waived.
Are there cases where earnest efforts are not required?
Yes. The second paragraph of Article 151 says the rule does not apply to cases which may not be the subject of compromise under the Civil Code.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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