persons and family relations (1)

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Persons and Family Relations

BarOps Head I PY Caunan

Acads Head I Beth Liceralde

Subject Head I Jas Gapatan

Faculty Adviser I


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TABLE OF CONTENTS

I PERSONS

1

PERSON ................................................................................................................................................................. 1

KINDS OFC APACITY..................................................................................................................................................... 1

LIMITS ONC APACITY TO ACT............................................................................................................................................ 1

KINDS OFPERSONS ..................................................................................................................................................... 1

II CITIZENSHIP AND DOMICILE

2

WHO AREFILIPINOCITIZENS?............................................................................................................................................................................................2DOMICILE..........................................................................................................................................................................................................................2

III MARRIAGE

2

M ARRIAGE.........................................................................................................................................................................................................................2BREACH OFPROMISE TOM ARRY.........................................................................................................................................................................................2ESSENTIALREQUISITES OFM ARRIAGE.................................................................................................................................................................................2FORMALREQUISITESOFM ARRIAGE....................................................................................................................................................................................2M ARRIAGESCELEBRATED ABROAD(ART. 26)......................................................................................................................................................................3VOIDM ARRIAGES...............................................................................................................................................................................................................4VOIDABLEM ARRIAGES.......................................................................................................................................................................................................5LEGALSEPARATION...........................................................................................................................................................................................................6

IV RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

8

OBLIGATIONS OFSPOUSES.................................................................................................................................................................................................8RIGHTS OFSPOUSES.........................................................................................................................................................................................................8USE OFSURNAME..............................................................................................................................................................................................................8

V PROPERTY RELATIONS BETWEEN SPOUSES

9

A.DONATIONSBYREASONOFM ARRIAGE...........................................................................................................................................................................9B.ABSOLUTECOMMUNITYOFPROPERTY..........................................................................................................................................................................10C.CONJUGALP ARTNERSHIPOFG AINS.............................................................................................................................................................................12D.SEPARATION OFPROPERTIESDURINGM ARRIAGE..........................................................................................................................................................17E.REGIME OFSEPARATION OFPROPERTY.........................................................................................................................................................................18F.UNIONSWITHOUTM ARRIAGE........................................................................................................................................................................................18

VI THE FAMILY

20

THEF AMILYHOME...........................................................................................................................................................................................................20

VII PATERNITY AND FILIATION

21

A.DEFINITION..................................................................................................................................................................................................................21B.LEGITIMATECHILDREN.................................................................................................................................................................................................21C. IMPUGNINGLEGITIMACY...............................................................................................................................................................................................22D. ILLEGITIMATECHILDREN...............................................................................................................................................................................................23E.LEGITIMATEDCHILDREN...............................................................................................................................................................................................24

VIII ADOPTION

25

A.DEFINITION..................................................................................................................................................................................................................25B.WHO MAY ADOPT.........................................................................................................................................................................................................25C.WHO MAY BE ADOPTED................................................................................................................................................................................................27D.PRE-ADOPTION...........................................................................................................................................................................................................28E.ADOPTIONPROCEDURE................................................................................................................................................................................................29

IX SUPPORT

31

KINDS OFSUPPORT..........................................................................................................................................................................................................31CHARACTERISTICS OFSUPPORT........................................................................................................................................................................................31WHO AREOBLIGEDTOSUPPORTE ACHOTHER(ART.195)................................................................................................................................................31ORDER OFSUPPORT (ART. 199).......................................................................................................................................................................................31

X PARENTAL AUTHORITY

32

DEFINITION......................................................................................................................................................................................................................32SUBSTITUTEP ARENTAL AUTHORITYEXERCISEDBY(INORDER)..........................................................................................................................................33

SPECIALP ARENTAL AUTHORITYEXERCISEDBY(ART. 218)................................................................................................................................................33RIGHTS ANDDUTIESOFP ARENTS.....................................................................................................................................................................................33RIGHTS ANDDUTIES OFCHILDREN....................................................................................................................................................................................33EFFECT OFP ARENTAL AUTHORITYUPON THEPROPERTY OF THECHILD(ART. 225)..............................................................................................................34GROUNDS FORSUSPENSION OFP ARENTAL AUTHORITY(ART.231).....................................................................................................................................34


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TERMINATION OFP ARENTAL AUTHORITY(ART. 228)...........................................................................................................................................................34


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I PERSONS

Person

Any being, natural (CC Art. 40) or juridical (CCArt. 42), susceptible to legal rights and obligations,

and can be a subject of legal relations.

Kinds of Capacity

1. JURIDICAL CAPACITY

Fitness to be subject of legal relations (CC Art.37)

R ULEInherent to all natural persons, and can only

be extinguished by death. On juridical persons,they gain juridical capacity from the moment theyare created.

Juridical capacity is just one, indivisible,irreducible, and essentially the same for all men; itis an inherent and ineffaceable attribute of man,and attaches to him by the mere fact of his being aman.

2. CAPACITY TO ACT

Power to do acts with legal effect (CC Art. 37)

R ULEThey are acquired, and may be lost. They are

also subjects to certain restrictions. Mere existence

of a human being does not confer upon him/her acapacity to act.

No one has 100% capacity to act, nor doesanyone have absolutely no capacity to act. Eventhough one may have “full capacity to act,” onestill does not reach 100% capacity to act but onlyclose to it. As to infants, though they still have notacquired a capacity to act, this does not mean thatthey have 0% capacity to act.

Limits on Capacity to Act

Insanity, Imbecility, State of being deaf-mute,

Penalty, Prodigality, Family Relations,Alienage, Absence, Insolvency, Trusteeship,(CC Arts. 38, 39CC) and other limits spreadthroughout the Code.

Art. 39(2), or rule on married women 21 yearsand over, has been amended by RA 6809,which lowers the age of majority to 18 yearold.

Kinds of Persons

1. NATURAL PERSONS

Human beings

GENERAL R ULEBirth determines personality (CC Art 40).

Death extinguishes civil personality (CC Art 42).EXCEPTION

A “conceived child shall be considered born forall purposes that are FAVORABLE to it, provided itbe born later” (Art 40, 2nd clause) with thefollowing circumstances:1. From the time it is completely delivered from

the mother's womb.2. But if the fetus had an intra-uterine life of less

than seven months, it should survive for atleast 24 hours after its complete delivery. (Art.41, CC) [Test of life: complete respiration]

TOLENTINO: Birth means complete removal of thefetus from the mother’s womb.

PROF. BALANE: Modern medicine cannot as of yetdetermine if the intra-uterine life is 7 months orless in terms of number of days. Modern medicinecannot determine the exact time when fertilizationtook place. Modern medicine estimates the fetusage in weeks.

In Geluz v CA, The Supreme Court held thatthe father cannot file charges on behalf of theaborted fetus because it never acquired a civilpersonality, because it was not alive when it wasdelivered from the mother’s womb. The baby thusdid not acquire any legal rights. The father couldhave filed for moral damages on his own capacity,had he suffered anguish from the loss of the baby,but it appears from the facts that he did not sufferfrom any pain or anguish. Thus, he cannot claimany damages.

EFFECT OF DEATHThe effect of death upon the rights and

obligations of the deceased is determined by law,by contract and by will (Art 42, par. 2). However,the Civil Code does not define death, nor candoctors precisely pinpoint the exact moment whendeath occurs.

DOUBT ON THE ORDER OF DEATHIf they are called to succeed each other,

whoever alleges the death of one prior to theother, shall prove the same. In the absence ofproof, it is presumed that they died at the same

time, and there will be no transmission of rightsfrom one to the other. (Art. 43, CC)

In Joaquin v Navarro, the rule on Art. 43 wasnot applied in determining whether the mother orthe son died first. There were eyewitnesses whocan give evidence as to who died first, so there isno reason for applying the presumption. It is onlywhen it is impossible to determine who died firstthat the presumption applies.

2. JURIDICAL PERSONS

a. The State and its Political subdivisions;

b. Other Corporations, Institutions and Entities


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for public interest or purpose, created by law;c. Corporations, Partnerships, and Associations

for private interest or purpose to which the lawgrants a juridical personality. (CC Art 44)

GOVERNING LAWS:

JuridicalPerson Governed by

State Constitution (Defines itsorganization and limits its rights vis-à-vis citizens)

Politicalsubdivision

Charter

Publiccorporation

Charter

Privatecorporation

Corporation Code, Articles ofIncorporation and By-Laws

Partnerships Stipulations of the parties andsuppletorily by the generalprovisions on partnership

R ULES Juridical persons may acquire and possess

property of all kinds, incur obligations, andbring civil or criminal actions (CC Art. 46)

Upon dissolution of corporations or institutionsand other entities for public interest, theirproperty and assets shall be disposed of inpursuance of the law or charter creating them.(CC Art. 47)

II CITIZENSHIP AND DOMICILE

Who Are Filipino Citizens?

1. Those who are citizens of the Philippines at thetime of the adoption of the 1987 Constitution;

2. Those whose fathers or mothers are citizens ofthe Philippines;

3. Those born before January 17, 1973, of Filipinomothers, who elect Philippine citizenship uponreaching the age of majority; and

4. Those who are naturalized in accordance withlaw. (Art IV, §1, 1987 Philippine Constitution)

These have superseded the rules on citizenshipenumerated in the Civil Code.

Domicile

For Natural Persons: the place of their habitualresidence (CC Art. 50).For Juridical Persons: the place where their legalrepresentation is established, or where theyexercise their primary functions, unless there is alaw or other provision that fixes the domicile (CCArt. 51).

DOMICILE VS. RESIDENCE

While domicile is permanent (there is intent toremain), residence is temporary and may bechanged anytime (there is no necessary intent toremain).

REQUISITES OF DOMICILE (CALLEGO VS.VERA)

1. Physical Presence2. Intent to remain permanently

KINDS OF DOMICILE

1. Domicile of Origin Domicile of parents of a person at the time

he was born.2. Domicile of Choice

Domicile chosen by a person, changing hisdomicile of origin.

A 3rd requisite is necessary – intention notto return to one’s domicile as his permanentplace.

3. Domicile by Operation of Law (i.e., Article 69,domicile of minor)


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III MARRIAGE

Marriage

Is:1. a Special Contract

2. of Permanent Union3. Between a Man and a Woman4. entered into in Accordance with law5. for the Establishment of Conjugal and Family

life.6. It is the Foundation of the Family7. and an Inviolable Social Institution8. whose Nature, Consequences, ,and Incidents

are governed by Law and not subject toStipulation,

9. except that Marriage settlements may Fixproperty relations during the marriage withinthe Limits provided by this Code. (Art 1,Family Code)

Breach of Promise to Marry

In Tanjanco v CA, the Supreme Court heldthat “breach of promise to marry is not anactionable wrong.” The fact that the Santos, thewoman, agreed to have sexual intercourse withTanjanco for a year does not constitute seductionbut mutual passion.

However, in Wassmer v Velez, Velez washeld liable for the cost of the wedding preparationsspent by Wassmer, because he disappeared twodays before the marriage. The Supreme Court said

that while mere breach is not an actionable wrong,Velez is still liable under Art. 21 of the Civil Codebecause he abused his right, thereby causing moraland material damages, which should becompensated.

Essential Requisites of Marriage

1. Legal Capacity of contracting parties whomust be Male and Female; and

2. Consent freely given in the presence of thesolemnizing officer. (Art. 2, FC)

In People v Santiago (51 Phil 68), the

marriage between Santiago and his niece wasdeclared void for lack of consent on the part ofSantiago. He only got married to her to avoidprosecution because he raped her the samemorning that the marriage was solemnized by aProtestant minister. The Supreme Court held that itwas a mere ruse for him to escape criminal liability.

Formal Requisites Of Marriage

1. Authority of the solemnizing officer;2. A valid Marriage License except in cases

under Chapter 2 of this Title;3. Marriage Ceremony (i.e. appearance of

contracting parties before solemnizing officer

and their personal declaration that they takeeach other as husband and wife). (Art 3, FC)

ABSENCE, DEFECT, OR IRREGULARITY IN THEREQUISITES

ABSENCE of any of the essential or formalrequisites shall render the marriage VOID ABINITIO, (FC Art 4, par. 1) except when it issolemnized by an unauthorized person witheither or both contracting parties having goodfaith that he had authority to do so (FC Art35, par. 2)

A DEFECT in any of the ESSENTIALREQUISITES shall render the marriageVOIDABLE (FC Art 4, par. 2).

An IRREGULARITY in the FORMALREQUISITES shall NOT AFFECT the validity ofthe marriage, but the party or partiesresponsible for the irregularity shall be civilly,criminally, and administratively liable (FC Art4, par. 3).

A. MARRIAGE CEREMONY

There is no particular form or religious riterequired by law.

MINIMUM R EQUIREMENTS BY LAW1. The contracting parties appear personally

before the solemnizing officer2. They declare in the presence of at least two

witnesses of legal age,3. That they take each other as husband and

wife;4. The declaration shall be contained in the

marriage certificate,5. Which shall be signed by the contractingparties and their witnesses and attested by thesolemnizing officer. (Art. 6, FC)

In a marriage in articulo mortis, when one orboth parties are unable to sign the marriagecertificate, it shall be sufficient for one of thewitnesses to write the name of said party, whichshall be attested by the solemnizing officer. (Art 6,par. 2)

PLACES WHERE MARRIAGE MAY BE CELEBRATED1. Chambers of the judge or in open court;2. Church, chapel, or temple

3. Office of the Consul-general, consul, or vice-consul, as the case may be. (Art. 8, FC)

ExceptionsMarriage in articulo mortis, in a remote place

(the barrio or barangay should be so located thatthere is no means of transportation to enable suchparty to appear personally before the local civilregistrar – Art. 29), or where both of the partiesrequest the solemnizing officer in writing, in whichcase the marriage may be solemnized at a houseor place designated by then in a sworn statement.


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B. AUTHORITY OF SOLEMNIZING OFFICERS

MARRIAGE MAY BE SOLEMNIZED BY:1. Any incumbent member of the judiciary within

the court’s jurisdiction (Art. 7, par. 1);2. Any priest, rabbi, imam, or minister of any

church or religious sect duly authorized by hischurch or religious sect;

He/she must be registered with the civilregistrar general (CRG).

He/she must be acting within the limits of thewritten authority granted by the church

At least one of the parties must be a memberof the church or religious sect to which thesolemnizing officer belongs (FC Art. 7, par. 2).

3. Ship captain or airplane chief (FC Art 7, par.3);

Can only solemnize marriages in articulomortis (when there one or both parties are atthe point of death), while the ship is at sea orthe plane is in flight, or at stopovers or portsof call (FC Art 31).

4. Any military commander of a unit to which achaplain is assigned, in the absence of thelatter (FC Art 7, par. 4);

Can only solemnize marriages in articulomortis between persons within the zone ofmilitary operation, whether members of thearmed forces or civilians (Art 32, FC).

5. Consul-general, consul, or vice consul (Art. 7,par. 5)

Can solemnize marriages between Filipinocitizens abroad. The issuance of the marriagelicense and the duties of the local civilregistrar shall also be performed by saidconsular official. (Art. 10, FC)

6. Mayors (under the Local Government Code, notfound in the Family Code)

C. MARRIAGE LICENSE

R EQUIREMENTS FOR MARRIAGE LICENSEAPPLICATION1. Full name of the contracting party;2. Place of birth;3. Age and date of birth;4. Civil status;5. If previously married, how, when and where

the previous marriage was dissolved orannulled;

6. Present residence and citizenship;

7. Degree of relationship of the contractingparties;

8. Full name, residence and citizenship of thefather;

9. Full name, residence and citizenship of themother; and

10. Full name, residence and citizenship of theguardian or person having charge, in case thecontracting party has neither father nor motherand is under the age of twenty-one years (Art.11, FC)

MARRIAGES EXEMPT FROM MARRIAGELICENSE REQUIREMENT:

1. In case one or both contacting parties are atthe point of death (in articulo mortis). (Art. 27)

2. If the residence of either party is so locatedthat there is no means of transportation toenable them to personally appear before thelocal civil registrar. (Art. 28)

3. Marriage in articulo mortis between passengersor crew members. [May be solemnized by theship captain or airplane pilot.] (Art. 31)

4. Marriage in articulo mortis between personswithin the zone of military operation. [May besolemnized by the military commander of theunit] (Art. 32)

5. Marriages among Muslims or among membersof cultural communities, provided they aresolemnized in accordance with their customs,rites, or practices. (Art. 33)

6. Marriage between a man and a woman whohave lived together as husband and wife for at

least five years, without legal impediment tomarry each other.

In Ninal v Badayog, the Supreme Court heldthat there must be no legal impediment during theentire five or more years that the parties are livingas husband and wife. Since there is only adifference of one year and eight months since thedeath of the first wife and the execution of theiraffidavit, the five-year requirement is not met,even if they have cohabited during the subsistenceof the previous marriage.

In Madridejo v De Leon, where the parties

were married in articulo mortis, the Supreme Courtheld that the marriage is still valid even if thepriest who solemnized the marriage failed to senda copy of the marriage certificate to the municipalsecretary. The marriage certificate is not arequisite of marriage but a mere proof that themarriage really existed. And since the marriagewas solemnized under exceptional circumstances,there is no need for a marriage license.

Marriages Celebrated Abroad (Art. 26)

GENERAL RULE:

Marriages solemnized outside the RP inaccordance with the law of the foreign country shallbe valid in the Philippines (l e x l o c i c e le b r a t i o n i s )

EXCEPTIONS:

1. Marriage between persons below 18 years old –Art. 35(1)

2. Bigamous or polygamous marriage – Art. 35(4)3. Mistake in identity – Art. 35 (5)4. Marriages void under Article 53 – Art. 35 (6)5. Psychological incapacity – Art. 366. Incestuous marriages – Art. 377. Marriage void for reasons of public policy – Art.

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If a Filipino married to a foreigner and the lattersubsequently obtains a valid divorce abroadcapacitating him./her to remarry, the Filipinospouse shall likewise have the capacity to remarryunder the Philippine law (Art 26(2)).

Void Marriages

MARRIAGE IS VOID AB INITIO WHEN:

I. UNDER FC ART. 351. Contracted by anyone below 18 years old,

even with consent of parents2. Solemnized by anyone not authorized to

do so, except when one or both partiesbelieve that the solemnizing officer hadauthority to do so.

3. There is no marriage license, except inmarriage under exceptional circumstances

4. It is bigamous or polygamous, exceptwhen first spouse has been absent for four

years, or two years under extraordinarycircumstances, and the remaining spousehas a well-founded belief that the absentspouse is dead, and is judicially declaredpresumptively dead. (Art. 41)

5. There is a mistake in identity of the othercontracting party

6. The subsequent marriage is void underArt. 53:

Marriage is void when Art. 52 is not compliedwith: There must be a partition and distribution ofproperty after the judgment of annulment ofdeclaration of nullity. The presumptive legitimes ofthe children must also be delivered and recorded in

the appropriate civil registry.

II. UNDER FC ART. 367. Any contracting party is, at the time of the

celebration of the marriage,psychologically incapacitated to complywith the essential marital obligations.

III. UNDER FC ART. 37 (INCESTUOUSR ELATIONSHIPS)

8. Between ascendants and descendants of anydegree, legitimate or illegitimate.

9. Between brothers and sisters, whether fullor half-blood, legitimate or illegitimate.

IV. UNDER FC ART. 38 (FOR R EASONS OF PUBLICPOLICY):

10.Between collateral blood relatives, legitimateor illegitimate, up to the fourth civil degree.

11.Between step-parents and step-children.12.Between parents-in-law and children-in-law.13.Between adopting parent and adopted child.14.Between the surviving spouse of the

adopting parent and the adopted child.15.Between the surviving spouse of the

adopted child and the adopter.16.Between an adopted child and a legitimate

child of the adopter.17.Between adopted children of the same

adopter.

18.Between parties where one, with theintention to marry the other, killed thatother person's spouse, or his or her ownspouse.

An action for declaration of nullity of marriageis imprescriptible. (Art. 39)*For purposes of remarriage, the nullity of aprevious marriage may be invoked solely on thebasis of a final judicial declaration of nullity (JDN)of the previous marriage. (Art. 40)

In Domingo v CA, the husband opposed thefiling of judicial declaration of nullity (JDN) filed bythe wife Domingo because the marriage is alreadyvoid ab initio because of the husband’s previousmarriage. The Supreme Court held that the JDNcan be invoked for other purposes than remarriage.The wording of Art. 40 about JDN being the solebasis for remarriage does not mean that JDN canonly be invoked for purposes of remarriage.Separation of Property, the reason cited in thiscase, is also a valid reason for filing for JDN.

In Republic v Molina, 1997 (268 SCRA198), the Supreme Court held that the actions ofthe wife, described by the wife as “highly immatureand habitually quarrelsome who thought himself asa king to be served,” does not amount topsychological incapacity. It held that what existedare mere irreconcilable differences. It also laiddown in this case the guidelines to be followed bythe courts in interpreting Art. 36.

GUIDELINES FOR INTERPRETATION OFARTICLE 36 (REPUBLIC V MOLINA):

1. The burden of proof to show the nullity of themarriage belongs to the plaintiff.2. The root cause of the psychological incapacity

must be: (a) medically or clinically identified,(b) alleged in the complaint, (c) sufficientlyproven by the experts, (d) clearly explained inthe decision.

3. The incapacity must be proven to be existing at “the time of the celebration” of the marriage.

4. Such incapacity must also be shown to bemedically or clinically permanent of incurable.

5. Such illness must be grave enough to bringabout the disability of the party to assume theessential obligations of marriage.

6. The essential marital obligations mist be those

embraced by Articles 68 up to 71 of the FamilyCode as regards the husband and wife as wellas Articles 220, 221, and 225 of the same Codein regard to parents and their children.

7. Interpretations given by the national AppellateMatrimonial tribunal of the Catholic Church inthe Philippines, while not controlling or decisive,should be given great respect by our courts.

8. The trial court must order the prosecutingattorney or fiscal and the Solicitor General toappear as counsel for the state. No decisionshall be handed down unless the SolicitorGeneral issues a certification.


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RULE ON BIGAMOUS MARRIAGE (ART. 41):

GENERAL R ULEMarriage contracted by any person during the

subsistence of a previous marriage is VOID

EXCEPTIONIf the first spouse has been absent for four

consecutive years, or two years underextraordinary circumstances, and the survivingspouse has a well-founded belief that the spouse isdead, and there is a judicial declaration ofpresumptive death, without prejudice to the effectof the reappearance of the absent spouse.

Exception to the exceptionWhen both parties in the subsequent marriage

acted in bad faith, the marriage is still void (Art.44).

In People v Mendoza, Mendoza contractedthree marriages. He contracted the second

marriage during the subsistence of the firstmarriage. He contracted the third marriage afterthe death of his first wife. He was prosecuted forbigamy on his third marriage. The Supreme Courtheld that he is not guilty for bigamy for his thirdmarriage, since his prior subsisting marriage hasalready been extinguished by the death of his firstwife. It is the second marriage that is bigamous.

EFFECTS OF TERMINATION OF BIGAMOUSMARRIAGE (FC ART 43):

1. Children – considered legitimate2. Property Regime – dissolved and liquidated

(party in bad faith shall forfeit his/her share infavor of the common children or children by aprevious marriage, and in case there are none,to the innocent spouse)

3. Donation propter nuptias – remains valid,(but if the donee contracted marriage in badfaith, donations will be revoked)

4. Insurance benefits – innocent spouse mayrevoke designation of guilty party asbeneficiary, even if such designation isirrevocable

5. Succession Rights – Party in bad faithdisqualified to inherit from innocent spouse,whether testate or intestate

6. Donations - If both parties of subsequent

marriage acted in bad faith, any donations andtestamentary dispositions made by one party tothe other by reason of marriage will be revoked(Art. 44)

Voidable Marriages

MARRIAGE MAY BE ANNULLED, WHEN (FCART 45):

1. One of the parties is 18 or above but below 21,and there is no parental consent.

2. Either party was of unsound mind (insanity).3. The consent of either party was obtained

through fraud (different from mistake inidentity):

a. Through non-disclosure of a previousconviction of a crime involving moralturpitude;

b. Through concealment of the wife of the factthat she was pregnant by another man;

c. Through concealment of a sexually-transmitted disease, even if not serious orincurable;

d. Through concealment of drug addiction,habitual alcoholism or homosexuality orlesbianism. (Art.46)

4. The consent of either party was obtainedthrough force, intimidation, or undueinfluence.

5. Either party is physically unable toconsummate the marriage (impotence)(different from sterility).

6. Either party has a serious and incurablesexually-transmissible disease, even if notconcealed.

In Buccat v Buccat, the Supreme Court

refused to grant annulment filed by the husbandbecause his wife gave birth to a baby a mere 89days after their marriage. It held that it isunbelievable that the wife could have concealedthe fact that she was 6 months pregnant at thetime of the marriage.

However, in Aquino v Delizo, the SupremeCourt granted annulment because the wifeconcealed the fact that she was 4 months pregnantduring the time of the marriage. It argued thatsince Delizo was “naturally plump,” Aquino couldhardly be expected to know, by mere looking,whether or not she was pregnant at the time of the

marriage.

Ground ForAnnulment(Art. 45)

Who CanFile

(Art. 47)

Prescription(Art. 47)

How ToRatify (Art.

45)

1. Underageparty

1. 5 years afterattaining 21.

Lack ofparentalconsent

2. Parent orguardian

2. Before childreaches 21.

Freecohabitationafterattaining ageof 21

1. Sanespouse withno

knowledge ofthe other’sinsanity2. Legalguardian ofinsane party

1. Any timebefore thedeath of insane

party

Insanity

3. Insaneparty

2. During lucidinterval or afterregainingsanity, andbefore death

Freecohabitationof insaneparty aftercoming toreason


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Fraud Injured party(defraudedparty)

Five years afterdiscovery offraud

Freecohabitationafter havingfullknowledge offraud

Force,intimidation,

undueinfluence

Injured party Five years afterdisappearance

of force orintimidation

Freecohabitation

after theforce hasceased ordisappeared

Impotence Healthyparty

Five years aftermarriage

Deemedratified whenactionprescribes

STD Healthyparty

Five years aftermarriage

Deemedratified whenactionprescribes

DURING PENDENCY OF ACTION:

1. The court shall provide for the support of thespouses,

2. The custody of the common children, givingparamount consideration to their moral andmaterial welfare, their choice of parent withwhom they wish to remain.

3. The court shall also provide for visitation rightsof other parent. (Art. 49)

To prevent collusion between the parties,fabrication or suppression of evidence, theprosecuting attorney or fiscal shall appear onbehalf of the State. (Art. 48)

EFFECTS OF DECLARATION OF NULLITY ORANNULMENT:

The same as effects of termination ofbigamous marriage (Arts. 43, 44), except in thestatus of children.

VOID MARRIAGES VS. VOIDABLE MARRIAGES(SEMPIO-DIY):

Void Marriage VoidableMarriage

1. Nature INEXISTENT from thebeginning

VALID untilannulled by court

2. Co-validation CANNOT becovalidated

CAN be covalidatedby prescription orfree cohabitation

3. Effect onproperty

No CommunityProperty, only Co-ownership

ACP exists unlessanother system isinstituted throughmarriagesettlement

4. Legitimacyof children

General rule: Childrenare ILLEGITIMATE(Art. 165)

Exception: In voidmarriages byreason ofpsychologicalincapacity (Art. 36)

or non-partition ofproperties in a

Children areLEGITIMATE ifconceived beforedecree ofannulment

previous marriage(Art. 53), childrenare consideredLEGITIMATE.

5. How toimpugn

May be attackedDIRECTLY orCOLLATERALLY, exceptfor purpose of

remarriage (theremust be JDN)

Can only beattacked DIRECTLY(there must beannulment decree)

6. Effect ofdeath of parties

May still be impugnedafter death of parties

Can no longer beimpugned afterdeath of parties

Legal Separation

BED AND BOARD SEPARATION MAY BEDECREED WHEN THERE IS (ART. 55):

1. Repeated violence or grossly abusiveconduct directed against petitioner, a commonchild, or a child of the petitioner.

2. Physical violence or moral pressure to compelpetitioner to change religious or politicalaffiliation.

3. Attempt of respondent to corrupt or inducepetitioner, a common child, or child ofpetitioner, to engage in prostitution orconnivance in such corruption or inducement.

4. Final judgment sentencing respondent toimprisonment of more than 6 years, even ifpardoned (executive pardon, not pardon fromoffended party).

5. Drug addiction or habitual alcoholism ofrespondent.» When it existed from the time of

celebration, and concealed from petitioner,can be a ground for annulment ofmarriage. When it occurred only after themarriage, it is only a ground for legalseparation, whether concealed or not.

6. Lesbianism or homosexuality of respondent.» Ditto on rules on drug addiction.

7. Contracting by respondent of a subsequentbigamous marriage, whether in thePhilippines of abroad.

8. Sexual infidelity or perversion.9. Attempt on the life of petitioner by

respondent.» There is no need for criminal conviction.

10.Abandonment of petitioner by respondentwithout justifiable cause for more than oneyear.

In Gandioco v Peñaranda, the SupremeCourt held that in sexual infidelity as a ground forlegal separation, there is no need for priorconviction for concubinage, because legalseparation only requires a preponderance of evidence, as opposed to proof beyond reasonabledoubt required in concubinage. In fact, a civilaction for legal separation based on infidelity mayproceed ahead or simultaneously with the criminalaction for concubinage,

GROUNDS FOR DENYING LEGAL SEPARATION(ART. 56):


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1. Condonation by aggrieved party2. Consent by aggrieved party to the commission

of the offense3. Connivance between parties in the commission

of the offense4. Mutual guilt in ground for legal separation5. Collusion between parties to obtain decree of

legal separation6. Prescription of action for legal separation

OTHER GROUNDS FOR DENYING LEGAL SEPARATION7. Death of either party during pendency of action

(Lapuz-Sy v Eufemio)8. Reconciliation of parties during pendency of

action (Art. 66 par.1)

RULES ON LEGAL SEPARATIONPROCEEDINGS:

1. Prescription – Action prescribes in five yearsfrom occurrence of cause (Art. 57)

2. Reconciliation period – Action cannot be triedbefore six months have elapsed since the filingof the petition (Art. 58)

3. Attempts on reconciliation – Action cannotbe tried unless the court has attempted toreconcile the spouses, and determined thatdespite such efforts, reconciliation is highlyimprobable (Art. 59)

4. Confession – No decree of legal separationshall be based upon a stipulation of facts or aconfession of judgment (Art. 60, par. 1)

5. Collusion – The court shall assign theprosecuting attorney or fiscal to make sure thatthere is no collusion between the parties, and

that evidence is not fabricated or suppressed(Art. 60, par. 2)6. After filing the petition for legal separation, the

spouses are entitled to live separately (Art.61, par. 1).

7. Administration of Community or ConjugalProperty – If there is no written agreementbetween the parties, the court shall designateone of them or a third person to administer theACP or CPG. (Art. 61, par. 2)

8. Custody of children – The court shall givecustody of children to one of them, if there is nowritten agreement between the spouses. Itshall also provide for visitation rights of theother spouse. (Art. 62, cf. Art. 49)

EFFECTS OF DECREE FOR LEGAL SEPARATION(ART. 63):

1. Spouses can live separately, but cannotremarry (marriage bonds are not severed).

2. The ACP of CPG shall be dissolved andliquidated, and the share of the guilty spouseshall be forfeited in favor the common children,previous children, or innocent spouse (cf. Art.42, par. 2).

3. Custody of the minor children shall be awardedto the innocent spouse

4. Guilty spouse shall be disqualified from

inheriting from innocent spouse by intestatesuccession. The provisions in favor of the guilty

party in the will of the innocent spouse shallalso be revoked by operation of law.

OTHER EFFECTS OF LEGAL SEPARATION5. Donation propter nuptias in favor of the guilty

spouse may be revoked (Art. 64)6. Innocent spouse may also revoke designation of

guilty spouse as beneficiary in an insurancepolicy, even if such stipulations are irrevocable(Art. 64).

7. Obligation for mutual support ceases, but thecourt may order the guilty spouse to supportthe innocent spouse. (Art. 198)

8. The wife shall continue to use the surname ofthe husband even after the decree for legalseparation.

AGUILING-PANGALANGAN: The option to revoke ofthe designation of guilty spouse as beneficiary inan insurance policy should prevail, notwithstandingcontrary provisions in the Insurance Code.

RULE ON RECONCILIATION:

Should the spouses reconcile, they should filea corresponding joint manifestation under oath ofsuch reconciliation (Art. 65).

PROF. BALANE: It is not the reconciliation per sebut the filing of the required manifestation thatproduces the effects enumerated in Art. 66.

EFFECTS OF RECONCILIATION (ART. 66):

1. Proceedings for legal separation shall beterminated at whatever stage.

2. If there is a final decree of legal separation, itshall be set aside.

3. The separation of property and forfeiture ofshare of guilty spouse shall subsist, unless thespouses agree to revive their former propertyregime or to institute another property regime(cf. Art. 67).

OTHER EFFECTS OF R ECONCILIATION4. Joint custody of children is restored.5. The right to intestate succession by guilty

spouse from innocent spouse is restored.6. The right to testamentary succession depends

on the will of the innocent spouse.


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IV. Rights and Obligations Between Husband and Wife Persons and Family Relations

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IV RIGHTS AND OBLIGATIONS

BETWEEN HUSBAND AND WIFE

Obligations of Spouses

1. Live together (Art. 68)2. Observe mutual love, respect, and fidelity (Art.68)

3. Render mutual help and support (Art. 68)4. Fix the family domicile. In case of

disagreement, the court shall decide. (Art. 69)5. Jointly support the family. (Art. 70)6. Manage the household. (Art. 71)

Rights of Spouses

1. In case the other spouse neglects his or herduties or commit acts which tend to bringdanger, dishonor or injury to the family, the

aggrieved party may apply the court forrelief . (Art. 72)

2. Either spouse may exercise any legitimateprofession, without need for consent of theother. The other spouse may only object onvalid, serious, and moral grounds. (Art. 73)

In case of disagreement, the Court shall decidewhether (1) the objection is proper, and (2) benefithas accrued to the family before the objection.

Use of Surname

A. MARRIED WOMEN:

A married woman may use:1. Her maiden first name and surname and add

her husband's surname, or2. Her maiden first name and her husband's

surname or3. Her husband's full name, but prefixing a word

indicating that she is his wife, such as “Mrs.”(Art. 370, CC)

The wife has the option to choose whichamong these names she should use. Should shedecide to keep her maiden name, the use of theword “may” in the provision indicates that she may

do so.. (A US Case allowed a woman to keep hermaiden name especially because many of herprofessional relations already know her by thatname.)

In Yasin v Shari’a District Court, theSupreme Court, by way of obiter dictum, said thatthe woman only has an option and not a duty touse the surname of her husband, as provided for inArt. 370, CC. It also said that when her husbanddies, the woman can revert to her old namewithout need for judicial declaration.

B. WIDOWS:

A widow may use the deceased husband’ssurname as though he were still living. (Art. 373,CC)C. MISTRESSES:

In Legamia v IAC, the Supreme Courtallowed the mistress to use her live-in partner’sname, since everyone already knew that she was amistress, so as to avoid confusion.


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V. Property Relations Between Spouses Persons and Family Relations

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V PROPERTY RELATIONS BETWEEN

SPOUSES

ORDER TO BE FOLLOWED (ARTS. 74, 75)

1. Marriage settlements before marriage –

spouses can agree to whatever regime theywant, be it ACP, CPG, or complete separation.

2. Provisions of the Civil Code – If there are nomarriage settlements, the Absolute Communityof Property will be followed

3. Local Customs

The rule that ACP is the default mode ofproperty relations absent any marriage settlementapplies to all Filipinos, regardless of the place ofthe marriage and their residence – Art. 80

REQUIREMENTS FOR MARRIAGESETTLEMENTS (ART. 77)

1. Must be in writing (public or private)2. Signed by the parties3. Executed before the celebration of the

marriage4. If party needs parental consent,

parent/guardian must be a party to thesettlement

5. If party is under civil interdiction or otherdisability (not including insanity), courtappointed guardian must be a party

6. Must be registered in local civil registry – toaffect third persons (If not registered, will notprejudice third persons, ACP will apply)

GENERAL RULE:

All modifications to the marriage settlementmust be made before the marriage is celebrated.

EXCEPTIONS:

1. Legal Separation (Art. 63 (2))» In such an instance, the property regime is

dissolved.2. Revival of the former property regime upon

reconciliation if the spouses agree (Art. 66 (2))3. A spouse may petition the court for:

a. Receivership

b. Judicial separation of property, orc. The authority to be the sole administrator of

the conjugal partnership▪ If the other spouse abandons the other

without just cause or fails to complywith his or her obligations to the family.(Art. 128)

4. Judicial Dissolution (Arts. 135 and 136)

A. Donations By Reason Of Marriage

DEFINITION

Donations which are made before the

celebration of the marriage, in consideration of the

same, and in favor of one or both of the futurespouses. (Art. 82)

REQUISITES:

1. Made before the celebration of marriage2. Made in consideration of the marriage3. In favor of one or both spouses

DONATIONS EXCLUDED:

1. ordinary wedding gifts given after thecelebration of the marriage

2. donations in favor of future spouses madebefore marriage but not in consideration thereof

3. donations made I n favor of persons other thanthe spouses even if founded on the intendedmarriage

WHO MAY DONATE?

1. spouses to each other

2. parents of one or both spouses3. 3rd persons to either or both spouses

DISTINGUISHED FROM ORDINARYDONATIONS:

Donations P r o p t e rN u p t i a s

Ordinary Donations

Does not requireexpress acceptance

Express acceptance necessary

May be made byminors (Art. 78)

Cannot be made by minors

May include futureproperty Cannot include future property

If present property isdonated andproperty is notabsolute community,limited to 1/5

No limit to donation of presentproperty provided legitimesare not impaired

Grounds forrevocation - In Art.86

Grounds for revocation - indonation laws

RULES

BEFORE MARRIAGE

General RuleFuture spouses cannot donate to each other

more than 1/5 of their present property (excessshall be considered void) (Art. 84)

ExceptionIf they are governed by ACP.

DURING MARRIAGE

General RuleSpouses cannot donate to each other, directly

or indirectly (donations made by spouses to eachother during the marriage are void) (Art. 87)


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ExceptionModerate gifts on the occasion of any family

rejoicing.

In Matabuena v Cervantes, the SupremeCourt ruled that Art. 87 is applicable even tocommon-law spouses.

REASONS FOR REVOCATION OF DONATIONPROPTER NUPTIAS (ART. 86):

1. If the marriage is not celebrated or judiciallydeclared void ab initio, except donations madein settlements.

2. When the marriage takes place without theconsent of the parents or guardians, asrequired by law.

3. When the marriage is annulled, and thedonee acted in bad faith.

4. Upon legal separation, if the donee is theguilty spouse.

5. If there is a resolutory condition, and it is not

complied with.6. When donee has committed an act of

ingratitude, such as:a. An offense against person or property of

donor, or his wife or children under parentalauthority

b. An imputation to the donor of any criminaloffense, or any act involving moralturpitude, even if proven, unless the crime iscommitted against the donee, his wife orchildren under his authority.

c. Refusing to support the donor, if he/she islegally required to do so.

The donee may choose to waive his/her rightto revoke the donation, in which case the doneewill keep the property.

The action for filing for revocation of donationprescribes.

B. Absolute Community Of Property

WHEN IT COMMENCES:

At the precise moment of the celebration ofthe marriage (Art. 88), not just at the day of thecelebration. However, if the marriage is celebrated

before the Family Code took effect (1988), thedefault property regime is the Conjugal Partnershipof Gains (CPG).

WAIVER OF RIGHTS:

GENERAL R ULENOT ALLOWED (Art. 89)

EXCEPTIONS1. with the marriage subsisting, in case of a

judicial separation of property, which includesdissolution of absolute community or conjugalpartnership as a result of legal separation.

2. in case the marriage is dissolved (by death ofone of the spouses) or annulled.

WHAT IT CONSISTS:

All the property owned by the spouses at thetime of the celebration of the marriage or acquiredthereafter. (Art. 91)

Under the ACP, spouses cannot excludespecific properties from the regime.

WHAT IS EXCLUDED (RESERVED PROPERTY):

1. Properties acquired by a gratuitous title,i.e. donation, inheritance by testate andintestate succession, including the fruits of suchproperties» E x c e p t i o n : When it was expressly

provided by the donor or testator that theproperty shall form part of the ACP);

2. Properties for personal use, e.g. clothes,toilet articles, books» E x c e p t i o n : Pieces of jewelry - they form

part of the ACP

3. Properties acquired before the marriage,for those with legitimate descendants with aformer marriage (to protect rights of children bya former marriage).

PRESUMPTIONAll properties acquired during the marriage

form part of the ACP, unless it be proven that theyare excluded. (Art. 93)

CHARGES UPON THE ACP (ART. 94):

1. Supporta. Support of illegitimate children of either

spouse governed by (9)b. Support shall be given to spouses even ifthey are not living together, except when aspouse leaves the conjugal home without

just causec. Support shall be given to the spouses during

pendency of action for legal separation (Art61) or for annulment of marriage (Art. 49)

2. Debts and Obligations Contracted DuringMarriagea. Either by both spouses or one of them, with

the consent of the other.b. In (2) and (3), creditors need not prove that

the debts benefited the family.3. Debts Contracted by one Spouse Without

Consent of the othera. ACP liable only to the extent that the debt

benefited the family.b. Reason: spouses are joint administrators of

community property, and one should not actwithout the consent of the other.

4. Tax, Liens, Repairs on Community Propertya. Taxes on property itself and its fruits,

including any surcharges on real estatetaxes.

b. “Minor repairs” are those for merepreservation of property or those caused byordinary wear and tear; “Major repairs”include those caused by extraordinary

events such as storms , floods, etc.


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5. Taxes and Expenses for Mere preservationof Separate propertiesa. Applies only to separate properties by either

spouse being used by the family, not thosethat do not benefit the family.

b. Expenses limited to minor repairs.6. Expenses for professional, Vocational, or

Self-Improvement Course of Spouses

a. Intention of the law is to encourage thespouses to improve themselves for thebenefit not just of their family but of thewhole nation as well.

7. Ante-nuptial Debts that Benefited theFamilya. If the ante-nuptial debt did not benefit the

family, applicable rule is (9).b. e.g. loans incurred by husband prior to

marriage to purchase conjugal home8. Donations by Spouses to Common

Legitimate Childrena. Beneficiaries should be common legitimate

children of spouses.

b. Donation should be made by both spouses;otherwise, the ACP is not liable.

9. Ante-Nuptial Debts not under (7), Supportof Illegitimate Children, Liabilities of EitherSpouse Arising from Quasi-Delicta. If the debtor-spouse has no exclusive

property or his or her property isinsufficient.

b. Under Art. 205 of CC, guilty spouse has noobligation to reimburse to the ACPindemnities paid by ACO on account of acrime or quasi-delict committed by him orher. Under the Family Code, however, theACP is considered merely to have advanced

these indemnities; they shall be deductedfrom the share of the guilty spouse at thetime of the liquidation of the absolutecommunity.

10.Expenses of Litigation between Spousesa. Expenses of these litigations are actions for

support by one spouse against the other orfor support and custody of children, legalseparation, and annulment of marriage.

b. If the spouse who files the case loses, theACP is not liable for the expenses incurredduring litigation.

ADMINISTRATION OF PROPERTY:

Belongs to both spouses jointly. If theydisagree the husband’s decision prevails. However,the wife has five years from the date of thedecision to go to court for recourse. Otherwise, it ispresumed that she agreed with the husband’sdecision. (Art. 96)

EXCEPTIONWhen the other spouse is incapacitated, or

unable to participate in the administration (e.g.when abroad).

DISPOSITION OF PROPERTY:

Either spouse may, through a will, disposehis/her interest in the community property. (Art.

97) However, the will should refer only to his/herown share in the community property.

DONATION OF PROPERTY:

Donation of one spouse without the consent ofthe other is not allowed (Art. 98, following logic ofArt. 96).

EXCEPTIONS1. Moderate donations to charity due to family

rejoicing or distress;2. Moderate gifts by each spouse to the other due

to family rejoicing.

Note: What’s moderate depends on the socio-economic status of the family

ACP TERMINATES UPON (ART. 99):

1. Death of either spouse – follow rules in Art.103

2. Legal Separation – follow rules in Arts. 63 and64

3. Annulment or judicial declaration of nullity– follow rules in Arts. 50 to 52

4. Judicial separation of property duringmarriage – follow rules in Arts. 134 to 138

RULES ON DE FACTO SEPARATION (ART.100):

GENERAL R ULEDe facto separation does not affect the ACP.

EXCEPTIONS1. Spouse who leaves the conjugal home without

just cause shall not be entitled to support.He/She, however, is still required to support theother spouse and the family.

2. If consent is necessary for transaction but iswithheld or otherwise unobtainable,authorization may be obtained from the court.

3. Support for family will be taken from the ACP.4. If ACP is insufficient, spouses shall be solidarily

liable.5. If it is necessary to administer or encumber

separate property of spouse who left, spousepresent may ask for judicial authority to do this.

6. If ACP is not enough and one spouse has noseparate property, spouse who has property isliable for support, according to provisions onsupport.

IN CASE OF ABANDONMENT (ART. 101):

Present spouse may petition the court for:a. receivership;b. judicial separation of property; orc. authority to be the sole administrator of the

absolute community, subject toprecautionary conditions that the court mayimpose.

Spouse is prima facie considered to haveabandoned the other spouse and the family if:


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1. he/she has left for a period of three months,2. he/she has failed to inform his/her whereabouts

for a period of three months.

PROCESS OF LIQUIDATION OF ACP (ART.102):

1. Inventory of assets of ACP and of spouses,with market values.

2. Obligations are paid with communityproperty, and separate obligations not chargedto ACP paid by respective assets of spouses.

3. Balance, or net remainder is divided equallybetween the spouses, irrespective of how mucheach brought into the community.

4. If obligations exceed the assets of the ACP,nothing is divided. Creditors can go after theseparate properties of the spouses, which aresolidarily liable for the deficiency.

5. If personal obligations of a spouse exceedhis/her separate property, creditor can go after

the share of the spouse on the net remainder ofthe ACP, without prejudice to the provisions oflaw on forfeitures and delivery ofpresumptive legitimes.

6. After covering all community obligations andobligations of spouses, balance of separateproperties shall be delivered to respectivespouses or their heirs, and they will alsodivide into two equal shares whatever is left ofthe community assets, without prejudice to theprovisions of law on forfeitures and delivery ofpresumptive legitimes.

RULES IN CASE OF TERMINATION OF

MARRIAGE BY DEATH OF ONE OF THESPOUSES (ART. 103):

1. The community property shall be liquidatedin the same proceeding for the settlement ofthe estate of the deceased spouse.

2. If no such judicial settlement proceeding isinstituted, surviving spouse shall liquidatethe community property either judicially orextra-judicially within one year from the deathof the deceased spouse.

PROCEDURE FOR LIQUIDATION OFCOMMUNITY PROPERTIES OF TWOMARRIAGES (ART. 104):

1. Determine the capital, fruits, and income ofeach community upon such proof as may beconsidered according to the rules of evidence.

2. In case of doubt as to which community theexisting properties belong, they shall be dividedbetween two communities in proportion to thecapital and duration of each.

C. Conjugal Partnership Of Gains

WHERE IT APPLIES:

1. For marriages before the implementation of theFamily Code.

2. For marriages after the Family Code, if agreed

to by the parties through a marriagesettlement.

HUSBAND AND WIFE PLACE IN COMMONFUND:

1. The proceeds, products, fruits, and income oftheir separate properties;

2. Everything acquired by them within marriagethrough their own efforts;

3. Everything acquired by them by chance

Each spouse has his/her own property andhis/her own debts.

Upon dissolution of marriage or partnership,the net gains or benefits from the partnership shallbe divided equally between the spouses, unlessthey have agreed on another manner of division intheir marriage settlement.

In De Ansaldo v Sheriff of Manila, theSupreme Court ruled that the spouses are not co-owners of the conjugal properties during themarriage and cannot alienate the supposed ½interest of each in the said properties. The interestof the spouses in the conjugal properties is only

inchoate or a mere expectancy and does not ripeninto title until it appears after the dissolution andliquidation of the partnership that there are netassets


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CPG VS. ACP:

CPG ACP

1. Property acquiredbefore marriage.

Each spouse retains his/her property; onlyfruits part of conjugal property

Properties become part of communityproperty

2. Property acquired

during marriage

Part of conjugal property Becomes conjugal property.

3. Upon dissolution ofmarriage

Separate properties are returned; net profits divided equally between spouses orheirs.

Net remainder of ACP divided equallybetween spouses or heirs.

4. Basis Capital and properties of spouses keptseparate and distinct from benefits;insurmountable obstacle to presumptionof solidarity

Mutual trust and confidence betweenspouses; fosters oneness of spouses

5. Liquidation Exclusive properties will have to beidentified and returned, and sometimes,identification is difficult.

Easier to liquidate because net remainderof community properties are simplydivided between spouses or heirs

CPG VS. ORDINARY PARTNERSHIP:

CPG Ordinary partnership

1. Existence Exists with the mere fact of marriage Comes into existence according toagreement between parties

2. Purpose, duration,and rules

Predetermined by legislator, the law fixingits conditions.

Determined by will of partners.

3. Profits Divided equally between spouses,irrespective of the amount of capital thatthey bring into marriage

Depends upon respective capitals ofpartners, or upon their agreement

4. Equality No equality between spouses in control,management, and disposition, because the

law grants the husband somepredominance.

General rule is that all partners have equalrights in administration, management, and

control of partnership.

5. Personality No juridical personality Considered a juridical person

6. Commencement At precise moment of celebration ofmarriage

At the time agreed upon by partners

7. Regulation By law By agreement of parties; subsidiarily, bylaw

8. Purpose Not particularly for profit For profit

9. Causes fordissolution

Death, legal separation, annulment, JDN, judicial separation of property

Death, insolvency, civil interdiction,termination of term, express will of anypartner, etc. (Arts 1830-1931)

10. Effect of death of apartner

Dissolution of partnership Surviving partners may choose to continuepartnership

11. Division ofproperties

Only upon dissolution There can be division of profits withoutdissolution

12. Management Joint; in case of disagreement, thehusband’s decision shall prevail, wife hasrecourse to courts

Same as individual partners, except whenone or more partners designated asmanagers.


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EXCLUSIVE PROPERTIES OF THE SPOUSES:

PROPERTY BY DIRECT ACQUISITION, OR PROPERTYTHAT IS ORIGINALLY EXCLUSIVE1. Property brought into marriage by each spouse

as his/her own – Art. 109(1)2. Property acquired by either spouse during the

marriage by gratuitous title – Art 109 (2)

PROPERTY BY SUBSTITUTION3. Property acquired by right of redemption, by

barter, or by exchange with property belongingto either spouse – Art. 109 (3)

4. Property purchased with exclusive money ofeither spouse- Art. 109 (4)

OTHER SEPARATE PROPERTY5. Collection of credits belonging to one spouse

exclusively6. Sale of separate property of a spouse7. Indemnity paid in cash of expropriation of

separate property or under an insurance policy

covering separate property.8. Possession does not affect ownership of

separate property.

Spouses retain ownership, possession,administration, and enjoyment of their exclusiveproperties (Art. 110).

Either spouse may transfer administration ofhis/her exclusive property to the other, providedthat it is:1. In a public instrument2. Recorded in the registry of property of the place

where the property is located.

Rights to mortgage, encumber, alienate, ordispose of his/her property belong to the owner-spouse and are consequences of his/her right ofownership. (Art. 111)

Owner-spouse can also appear alone in courtto litigate with respect to his/her exclusiveproperty. (Art. 111)

Alienation of exclusive property administeredby the other automatically terminates and theadministration over such property and theproceeds of the alienation shall be turned over tothe owner-spouse. (Art. 112)

PRESUMPTIONAll property acquired during the marriage,

whether the acquisition appears to have beenmade, contracted or registered in the name of oneor both spouses, is presumed to be conjugal unlessthe contrary is proved. (Art. 116)

PROPERTIES THAT COMPOSE CPG:

1. PROPERTIES ACQUIRED BY ONEROUS TITLEDURING THE MARRIAGE AT EXPENSE OF COMMONFUND (ART. 117 (1))

The test is the origin of the money invested in

the purchase; if it came from conjugal funds, theproperty acquired is conjugal.

2. PROPERTIES ACQUIRED THROUGH THE LABOR ,INDUSTRY, WORK, PROFESSION OF EITHER ORBOTH SPOUSES (ART. 117 (2))

Include all income from work, labor orindustry, of either or both spouses, whether in theform of wages, salaries, honoraria, practice of aprofession, income from business even if thecapital comes from the exclusive property of one ofthe spouses, commissions, bonuses, etc.

3. FRUITS FROM COMMON PROPERTY, AND NETFRUITS OF EXCLUSIVE PROPERTY OF EACH SPOUSE(ART. 117 (3))

All kinds of fruits from conjugal properties aswell as the exclusive properties of the spouses,whether natural, industrial, or civil, like young ofanimals, produce of land, earnings from business,etc.

But only net income or fruits of exclusiveproperty of the spouses become conjugal. The

expenses for production, administration, andpreservation should be taken from the gross fruits,and the owner-spouse is entitled to retain thegross income until these expenses are paid

If fruits were pending on separate, property ofa spouse at.the time of the marriage, the harvestcollected during the marriages is conjugal, and theconjugal partnership is not bound to pay theexpenses, of cultivation to the spouse who ownsthe property from which the fruits were harvested,because the right of the conjugal partnership is areal right of usufruct and therefore, the law onusufruct should apply

4. SHARE OF EITHER SPOUSE IN HIDDEN TREASURE,WHETHER AS FINDER OR OWNER OF PROPERTYWHERE TREASURE IS FOUND (ART. 117(4))

Hidden treasure found by -the. spouses on theproperty of either of them is conjugal.

If the owner of the property where thetreasure is found is one of the spouses and thetreasure is found by a stranger, the one-half shareof the owner of the property goes to, the conjugalpartnership.

If the property where the treasure is foundbelongs to -a stranger and the treasure is found by

one of the spouses, the one-half share of the finderis conjugal.

5. PROPERTIES ACQUIRED THROUGH OCCUPATIONSUCH AS FISHING OR HUNTING (ART. 117 (5))

These include wild animals caught by thehusband in the forest while hunting, and all kindsof marine life caught while fishing.

The theory is that animals in the forest andfishes in the ocean are res nullius and do notbelong to anyone, and if one of the spousescatches any of them, the benefit is not his alonebut for the conjugal partnership.


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6. LIVESTOCK EXISTING AT DISSOLUTION OFPARTNERSHIP IN EXCESS OF WHAT IS BROUGHT BYEITHER SPOUSE TO THE MARRIAGE (ART. 117 (6))

While Art. 159 of the Civil Code classifies asconjugal all animals existing at the dissolution ofthe partnership "exceeding" that brought to themarriage by each spouse, this particular provisionof the Family Code considers, as conjugal all"livestock existing at the dissolution of thepartnership in excess of each kind brought to themarriage by either spouse."

7. PROPERTIES ACQUIRED BY CHANCE, SUCH ASWINNINGS FROM GAMBLING OR BETTING (ART. 117(7))

If a winning lottery or sweepstakes ticket isbought by a spouse with his or her own money orthe ticket was given gratuitously by a friend, theprize will be separate property of the spouse whoowns the ticket. If, however, the ticket is

purchased with conjugal funds, the prize will beconjugal.

PresumptionA lottery or sweepstakes ticket acquired

during the marriage was bought with conjugalfunds, and the prize is therefore, conjugal.

SPECIAL CASES NOT INCLUDED IN ART. 117 Land obtained by either spouse or by both

through a loan is conjugal, and so is theloan, and the spouses will be solidarily liablefor said loan with their separate properties iflater, the community property is not enough

to pay for the same.» Where property' belonging to one spouseis converted into another kind totallydifferent in nature from its original form(e.g.; when, a nipa 'swamp is convertedinto a fishpond), during the marriage theconverted property is conjugal in theabsence of proof that the expenses ofconversion were exclusively for theaccount of the original owner-spouse. Butsaid owner-spouse is entitled toreimbursement of the value of the originalproperty from the conjugal partnership

Money received under the Social SecurityAct is not conjugal, although-the employee-

spouse contributes to the SSS with hissalaries, but belongs to the designatedbeneficiary under the Social Security Law

Intellectual property, like copyright orpatent, should, according to Tolentino, citingPlaniol and Ripert, be considered separateproperty of the spouse who produces orinvents or discovers it, this property being ofa special type, almost a part of one's personor taken from his personality and the physicalor external manifestation of his intellect orgenius, that it is not simply a product of one'swork or industry but should be considered aspertaining exclusively to its creator

Business property like trade-marks, tradenames, service marks, business goodwill, and

similar kinds of property are, however, merelyaccessories to some commercialestablishment or product, so that if suchestablishment or product is separate propertyof one spouse, then the business property isseparate property, the same being anaccessory that follows the principal; but allbenefits or earnings derived from thesedifferent kinds of property during themarriage should belong to the conjugalproperty (Tolentino, id., citing the sameauthority).

PROPERTIES PURCHASED BY INSTALLMENT If the property was bought on installment by a

spouse before the marriage and thecontract of sale is such that ownership wasalready vested on the buyer-spouse at thetime of the execution of the contract, theproperty is EXCLUSIVE PROPERTY of saidbuyer-spouse, even if installments on theprice up to full payment came from the

conjugal funds. The amounts paid by theconjugal partnership shall, however, bereimbursed to it by the owner-spouse at thetime of the liquidation of the partnership.

If, however, the contract of sale oninstallment is such that ownership did not veston the buyer at the time of the execution ofthe sale and ownership vested only afterthe whole price was paid during themarriage and out of conjugal funds, thePROPERTY IS CONJUGAL but thepartnership shall reimburse the buyer-spousethe installments paid by him or her before themarriage.

In Lorenzo v. Nicolas, it was held thatproperty bought on installment by either spousebefore the marriage and was fully paid only afterthe marriage but ownership had vested on thebuyer spouse before the marriage, is separateproperty of the buyer-spouse, although theinstallments paid by the conjugal partnershipduring the marriage must be reimbursed to it uponliquidation.

CHARGES UPON CPG (ART. 121) [CF.CHARGES TO ACP]:

1. The support of the spouse, their common

children, and the legitimate children of eitherspouse; however, the support of illegitimatechildren shall be governed by the provisions ofthis Code on Support;

2. All debts and obligations contracted during themarriage by the designated administrator-spouse for the benefit of the conjugalpartnership of gains, or by both spouses or byone of them with the consent of the other;

3. Debts and obligations contracted by eitherspouse without the consent of the other to theextent that the family may have benefited;

4. All taxes, liens, charges, and expenses,including major or minor repairs upon the

conjugal partnership property;


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5. All taxes and expenses for mere preservationmade during the marriage upon the separateproperty of either spouse;

6. Expenses to enable either spouse to commenceor complete a professional, vocational, or otheractivity for self-improvement;

7. Ante-nuptial debts of either spouse insofar asthey have redounded to the benefit of thefamily;

8. The value of what is donated or promised byboth spouses in favor of their commonlegitimate children for the exclusive purpose ofcommencing or completing a professional orvocational course or other activity for self-improvement; and

9. Expenses of litigation between the spousesunless the suit is found to groundless.

If the conjugal partnership is insufficient tocover the foregoing liabilities, the spouses shall besolidarily liable for the unpaid balance with theirseparate properties.

ADMINISTRATION OF THE CPG:

Husband and wife are joint administrators ofthe family properties and exercise joint authorityover the persons and properties of their children

Same provisions as those of Art. 96 (admin.of the ACP)

WHEN ONE SPOUSE IS INCAPACITATED OR UNABLETO PARTICIPATE IN ADMINISTRATION

The other spouse may assume sole powers ofadministration in the event that one spouse is

incapacitated or otherwise unable to participate inthe administration of the CPG.

However, these sole powers of administrationdo not include disposition or encumbrance (asthese are acts of ownership or dominion)

To be able to dispose or encumber propertiesof the CPG, either of the following is necessary:

a. authority of the court; orb. written consent of the other spouse.

In the absence of said judicial authority orwritten consent, the disposition or encumbrance

shall be void.

ENJOYMENT OF THE CPG:

1. The enjoyment of the CPG shall belong to bothspouses jointly.

2. Either spouse may enjoy or use the propertiesof the CPG like a beach house or a family car aslong as the use is in accordance with thepurpose of the thing without injuring it and theother spouse is not prevented from likewiseusing it.

DISPOSITION OR ENCUMBRANCE OF THECPG:

DISPOSITION OF PROPERTYAlienation of said property in any form, such

as sale, donation, or assignment.ENCUMBRANCE OF PROPERTY

Includes a real estate mortgage of immovableproperty or a chattel mortgage or pledge ofpersonal property of the CPG.

Disposition or encumbrance of conjugalproperty requires the consent or approval by bothspouses.

Mere awareness of a transaction is NOTconsent

If the consent cannot be obtained or unjustlywithheld, then the other spouse may bring thematter to court and secure judicial authority forsaid disposition or encumbrance.

If there is no consent of the other spouse nor judicial authority, the disposition or encumbranceshall be void.

DISPOSITION BY WILLSame rule as Art. 97: Either spouse may

dispose by will of his interest in the ACP. (but thereis no provision specifically for CPG).

DISSOLUTION OF CPG (ART. 128):

1. Prepare inventory, listing separately all theproperties of the conjugal partnership and the

exclusive properties of each spouse.2. Amounts advanced by the conjugalpartnership in payment of personal debts andobligations of either spouse shall be creditedto the conjugal partnership.

3. Each spouse shall be reimbursed for the useof his or her exclusive funds in the acquisitionof property or for the value of his or herexclusive property, the ownership of which hasbeen vested by law in the conjugal partnership.

4. The debts and obligations of the conjugalpartnership shall be paid out of the conjugalassets. In case of insufficiency of said assets,the spouses shall be solidarily liable for theunpaid balance with their separate properties,

in accordance with the provisions of paragraph2 of Article 121.

5. Whatever remains of the exclusive propertiesof the spouses shall thereafter be delivered toeach of them.

6. Unless the owner had been indemnified fromwhatever source, the loss or deterioration ofmovables used for the benefit of the family,belonging to either spouses, even due tofortuitous event, shall be paid to said spousefrom the conjugal funds, if any.

7. The net remainder of the conjugal partnershipproperties, or the profits, which shall bedivided equally between husband and wife,

unless a different proportion or division wasagreed upon in the marriage settlements or


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unless there has been a voluntary waiver orforfeiture of such share as provided in thisCode.

EFFECTS OF DISSOLUTIONWhatever is acquired by the surviving spouse

after the termination of the CPG forms part of hisor her exclusive property.

An obligation incurred by a surviving spouseafter the death of the other spouse, can no longerbe charged against the property of the CPG whichhas been terminated by such death.

ALIENATION BY SURVIVORSIf it becomes necessary to pay outstanding

obligations of the CPG after the death of one of thespouses, a sale may be made of a portion of theCPG, provided the sale is made in the manner andwith the formalities established by the Rules ofCourt for the sale of property of deceased persons.

Such disposition cannot include the half thatmay be adjudicated to heirs of the deceasedspouse. This rule applies not only to sale, but alsoto mortgages.

R IGHTS OF THIRD PERSONS

Dissolution of the conjugal property must berecorded in the registry of property in order toaffect third persons dealing with registeredproperty.

When third persons are in connivance with thesurviving husband or knowingly lend their aid,

directly or indirectly to the commission offraudulent acts by the husband, the court will seeto it that they do not profit by their misconduct,and the fraud to which they are parties will vitiateand annul all their transactions.

The purchaser in good faith must be held totake a good and valid title which cannot be setaside thereafter upon proof that in making thesale, or in the use made of the proceeds, thehusband acted in fraud of the rights of the heirs.The heirs must seek their remedy against thehusband.

METHODS OF LIQUIDATION1. by extra-judicial partition between the husband

and wife or their heirs2. by an ordinary action for partition3. by testate and intestate proceedings

D. Separation of Properties During

Marriage

When there is no stipulation between theparties, Separation of Properties takes place onlyupon judicial order. (Art. 134).

Judicial separation of properties may bevoluntary or because of a sufficient cause.

SUFFICIENT CAUSES FOR JUDICIALSEPARATION OF PROPERTIES (ART. 135):

1. Spouse of the petitioner has been sentencedto a penalty which carries with it civil

interdiction.2. Spouse of the petitioner has been judiciallydeclared an absentee.

3. Loss of parental authority of the spouse ofpetitioner has been decreed by the court.

4. Spouse of the petitioner has abandoned thelatter or failed to comply with his or herobligations to the family.

5. The spouse granted the power ofadministration in the marriage settlementshas abused that power.

6. At the time of the petition, the spouses havebeen separated in fact for at least one yearand reconciliation is highly improbable.

In the cases provided for in Numbers (1), (2)and (3), the presentation of the final judgmentagainst the guilty or absent spouse shall be enoughbasis for the grant of the decree of judicialseparation of property.

In cases provided for in numbers (4), (5), and(6), a preponderance of evidence is required tosecure a judicial separation of property.


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AFTER JUDICIAL SEPARATION OF PROPERTYACP or CPG will be liquidated, according to the

provisions of the Family Code. (Art. 137)

REVIVAL OF PROPERTY REGIME IN THE FF.INSTANCES (ART. 141):

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 themarriage settlements will not again abusethat power, authorizes the resumption of saidadministration.

4. When the spouse who has left the conjugalhome without a decree of legal separationresumes common life with the other;

5. When parental authority is judiciallyrestored to the spouse previously deprivedthereof;

6. When the spouses who have separated in factfor at least one year, reconcile and resume

common life.7. When after voluntary dissolution of the absolute

community of property or conjugal partnershiphas been judicially decreed upon the jointpetition of the spouses, they agree to therevival of the former property regime. Novoluntary separation of property may thereafterbe granted.

TRANSFER OF ADMINISTRATION TO THEOTHER SPOUSE WHEN (ART. 142):

1. When one spouse becomes the guardian of theother.

2. When one spouse is judicially declared anabsentee.3. When one spouse is sentenced to a penalty

which carries with it civil interdiction.4. When one spouse becomes a fugitive from

justice or is in hiding as an accused in acriminal case.

If the other spouse is not qualified by reasonof incompetence, conflict of interest, or any other

just cause, the court shall appoint a suitable personto be the administrator.

E. Regime of Separation of Property

GOVERNED BY:

Marriage settlements; provisions of the Codeare only suppletory. (Art. 143)

KINDS OF SEPARATION (ART. 144):

1. Present Property, Future Property, Both2. Total separation, Partial separation (remaining

property is considered part of the absolutecommunity)

ADMINISTRATION:

Each spouse shall own, dispose, possess,administer, and enjoy his/her own estate, withoutneed for consent of the other. (Art. 145)

FAMILY EXPENSES:

Each spouse shall contribute to the familyexpenses, in proportion to their income. In case ofinsufficiency, the market value of their separateproperties. (Art. 146)

Liability of spouses to the creditors of thefamily shall be SOLIDARY. (Art. 146, par. 2)

F. Unions Without Marriage

UNIONS GOVERNED BY ARTICLE 147:

1. When a man and a woman capacitated to marryeach other live exclusively with each other ashusband and wife without the benefit ofmarriage

2. A man and a woman living together under avoid marriage (inapplicable to bigamousmarriage)

R EQUISITES1. The man and the woman must have capacity to

marry each other.2. The man and the woman cohabit.3. The cohabitation is exclusive.4. The man and the woman are not married to

each other or are married to each other but themarriage is void.

CO-OWNERSHIP IN1. Wages and salaries earned by either spouse

during the cohabitation.2. Properties acquired by them through their joint

work or industry during the cohabitation. P r es u m p t i o n – properties acquired during

the cohabitation are presumed to have been

acquired through their joint efforts, work orindustry

CPG Absolute Community

What getsdividedbetween thespouses?

Only the netprofits

Entire common mass ofproperty which remainsafter the payments ofthe debts andobligations of theabsol

persons and family relations (1)

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