Memory Aid for Persons and Family RelationsSemi-Finals for
Persons and Family Relations
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Article 68-73: Essential Marital ObligationsDUTY OF THE
SPOUSESa. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity and render mutual help
and support. If one of the spouse does not want to live together
with the other, the law cannot compel him/her. Nevertheless, the
abandoned spouse is not left without any remedy since the spouse
who left the conjugal dwelling is not anymore entitled to support
from the present spouse. On the other hand, the present spouse can
still demand support from the spouse who does not want to live
together with him/her.
b. The husband and wife shall fix the family domicile; in case
of disagreement, the court shall decide.c. The spouses are jointly
responsible for the support of the family.Expenses where to take
out: (Priority Order)1. Shall be taken out from the conjugal
property.2. In the absence thereof, from the income and fruits of
their separate properties.3. In case of insufficiency, it shall be
satisfied from their separate properties.
d. The management of the household shall be the right and duty
of both spouses.e. The aggrieved party may apply to the court for
relief, when one of the spouse neglects his/her duties or commits
acts which tends to endanger, dishonor or injury to the other or to
the family.f. Either spouses may exercise any legitimate
profession, occupation, business or activity without the consent of
the other. The other may only object on valid, serious and moral
grounds.
In case of Disagreements: The court shall decide: Whether or not
the objection is properFor Liabilities w/out consent from the other
spouse: If benefit has accrued to the family prior to the
objection: The resulting obligation shall be enforced against the
community property If the benefits accrued after the objection The
obligation shall be enforced against the separate property of the
spouse who has not obtained consent.
MARRIAGE SETTLEMENT After August 3, 1988: The default property
regime is the Absolute Community Property Regime. Before August 3,
1988: The default property regime is the Conjugal Partnership of
Gains.
Article 74-77: Marriage Settlement Marriage Settlement a.k.a.
Prenuptial Agreement This is an agreement entered into by parties
about to be married for the purpose of fixing the terms and
conditions of their property relations during the marriage. This is
governed by the law on contracts provided that any stipulations
therein are not contrary to law, morals, good customs, public order
or public policy.
Property Relation that will govern the Married Couplea. Marriage
settlements executed before the marriageb. Provision of the Family
Code: Absolute Community of Property Regimec. Local Customs This
will only apply if there is a marriage settlement yet the spouses
only stated therein that they do not want to be governed by the
Absolute Community Regime. A local custom can be a source of right
provided that such custom is properly established in a court of
justice by competence evidence like any other facts.Different
Property Regime that Parties may use: Absolute Community of
Property Regime Conjugal Partnership of Gains Complete Separation
of Property Regime The parties may also enter into a modified
regime or a combination of any of the regimes provided that the
terms and conditions are not contrary to law, morals, good customs,
public order and public policy.
How to create a Marriage Settlement:a. It must be in writing.b.
It must be signed by the parties.c. It must be executed before the
celebration of the marriage.d. In order to bind third persons, it
must be registered in the Office of the Local Civil Registrar where
the marriage contract is recorded and in the Registry of Deeds. If
not registered, third persons who deal with either or both spouses
have the right to presume that they are governed by the absolute
community of property regime.
Modification in the Marriage Settlement: Changes to the marriage
settlement must be in writing and made before the marriage.
General Rule: The Marriage Settlement can no longer be modified
during the marriage.
Except: Those instances provided by Articles 66, 67, 128, 135
and 136 of the Family Code. Article 66 and 67 refers to the revival
of the former property regime due to reconciliation of spouses
after a legal separation. Article 128, 135 and 136 refers to
separation of properties during the marriage with proper
intervention of the court.
Voluntary Separation of Property The spouses jointly filed a
petition in court asking for the dissolution of the absolute
community or any property regime and for the separation of their
common properties. Involuntary Separation of Property If a spouse
without just cause abandons the other or fails to comply with his
or her obligations to the family, the aggrieved spouse may petition
to the court the judicial separation of property. At all instance,
there must be court approval of the change of property regime
during the marriage, whether it is for a cause or without a cause.
The requirement of writing is mandatory, not only for the purpose
of enforceability but more importantly for validity. The burden of
proof in the invalidity of the marriage settlement lies with the
spouse who is alleging it.
What NOT to stipulate in a Marriage Settlement:1. Property
regime will start at a time other than the precise moment of
celebration of marriage.2. Substantial donations to each other.3.
The surviving spouse executes a marriage settlement other than
complete separation of property in a subsequent marriage where
properties of previous marriage has not yet been liquidated. What
will happen if the surviving spouse did not liquidate the
properties and he/she subsequently contracted a second marriage?
The subsequent marriage will automatically be governed by the
Complete Separation of Property Regime and any marriage settlement
executed therein is considered invalid for it is contrary to law.
This is to protect the interest of the descendants of the previous
marriage.
Article 78-79: Persons who must give consent Article 78 is no
longer applicable due R.A. 6809 which lowered the majority age from
21 to 18 years old, thus there are no more minors considered to be
capacitated to marry and therefore, renders Article 78
inapplicable. When a party of the marriage is suffering from civil
interdiction or other disability: It is necessary that his/her
legal guardian appointed by a competent court, will also sign the
marriage settlement to make it valid.
Article 80: Law governing Marriage Settlement General Rule: The
marriage settlement is governed by Philippine Law if both parties
are Filipinos, regardless of the place of the celebration of the
marriage and their residence. This is due to the nationality
theoryException: a. If both parties are aliens b. The issue
involves the extrinsic validity of the contract entered into abroad
and the property involved is also located in the country where the
marriage settlement was executed.
Article 81: Effect of Non Celebration of MarriageGeneral Rule:
Everything stipulated in the settlements or contracts in
consideration of a future marriage shall be considered void if the
marriage does not take place.
Except: Those stipulations in the marriage settlement which is
not dependent on the celebration of the marriage shall still be
considered valid even if the marriage did not push through.
DONATION PROPTER NUPTIAS
Article 82-85: Donations Propter Nuptias Donations Propter
Nuptias Donations by reason of marriage This is governed by
ordinary donations hence, to be valid the donee must accept the
donation personally or through an authorized person and that the
acceptance must be made during the lifetime of the donor and the
donor and donee.Donor:a. Spouseb. Prospective Spousec. Third Person
No one is compelled to accept the generosity of another
Essential Elements:a. It is a donation made before the
celebration of the marriage.b. It is made in consideration of the
marriage.c. It is made in favor of either or both parties to the
marriage.Requisites for Donation Propter Nuptias:1. Valid marriage
settlements2. A property regime other than the absolute community
of property3. Donation must not be more than 1/5 of his/her present
property. The excess is void.4. Donation must be accepted by the
would-be-spouse.5. The donation must comply with Title III of Book
III of the Civil Code. The reason why there is 1/5 limitation is
that a marriage settlement is a contract and therefore a product of
negotiation and during the negotiation the possibility of one party
exerting pressure and undue influence on the other is a great which
the law must try to limit. If the donation is made in a separate
Deed of Donation and incorporated in the marriage settlement, the
not more than 1/5 limitation will not apply because the possibility
of undue influence attendant in the negotiation of a marriage
settlement is generally absent in an ordinary donation.
Requirements to be Valid:1. A donation of an immovable property
must be made in a public document to be valid.2. Donation of a
movable property may be done orally or in writing.3. If the value
of the personal property donated exceeds five thousand pesos
(5,000), the donation and the acceptance shall be made in writing,
otherwise, the donation shall be void.
Donations Propter Nuptias of properties subject to encumbrances
shall be valid: Whether the donee assumes the indebtedness or the
donor promises to pay. The property is subsequently foreclosed and
auctioned sale: Deficiency: the proceeds of the auction is lower
than the unpaid balance The creditor in this case, cannot compel
the donee for the deficiency since donations are not meant to be
onerous. Excess: the proceeds of the auction is higher than the
unpaid balance The excess should be given to the doneeRevocation of
Donation Propter Nuptias: The revocation is at the discretion of
the aggrieved donor and not by operation of law.(Under Article 765
of the Revised Civil Code)1. If the donee should commit some acts
against the person, the honor or the property of the donor or of
his wife or children under his parental authority.2. If the donee
imputes to the donor any criminal offense or any act involving
moral turpitude, even though he should prove it, unless the crime
or the act has been committed against the donee himself, his wife
or children under his authority.3. If he unduly refuses him support
when the donee is legally or morally bound to give support to the
donor. For the inconsistency between article 50 and Article 86 of
the Family Code. The later provision will apply due to the
Principle in Statutory Construction which states that Statutes of
Later Date Prevails Donation between husband and wife is
prohibited: The prohibition also applies to those who are living
together as husband and wife without a valid marriage. What the law
prohibits is not only the giving of donation but also the grant of
gratuitous advantage to the other spouse as in the case of
usufruct. The prohibition also applies to indirect donationExample:
When the husband donates a property to the father of his wife, the
donors wife is the sole heir of the donee, then the donation is
covered by the prohibition since it is an indirect donation.
Matabuena vs. Cervantes 38 SCRA 284:The reason for prohibiting
husband and wife from donation to each other is because of the fear
of undue influence, then there is more reason to prohibit those
living together without a valid marriage as the possibility of
undue influence is even greater. Either spouse may, however,
donated to each other some gifts during the marriage provided it is
considered as moderate gifts given on the occasion of any family
rejoicing. People who may challenge the validity of the
donation:The validity of the donation or transfer cannot be
challenged by those who bore absolutely no relation to the parties
at the time it occurred and had no right or interest inchoate,
present, remote or otherwise, in the property in question at the
time transfer occurred.
SYSTEM OF ABSOLUTE COMMUNITY
Article 88-90: General Provisions for Absolute Community The
Absolute Community of Property Regime This is the default property
regime in the Family Code for it is more in consonance with the
traditional oneness of the Filipino Family. This regime will
commence at the precise moment of the celebration of marriage and
shall continue during the marriage; any stipulation that the
absolute community shall commence over a year or two after the
marriage is void. The provisions on co-ownership shall govern the
spouses under the absolute community property regime.Effect: The
spouses becomes co-owners of all the properties in an absolute
community property regime so if there is no agreement as to what is
going to be the sharing, then the presumption is it will be divided
equally.Waivers: No waiver of rights, interest, shares and effects
of the absolute community of property during the marriage can be
made except in case of a judicial separation of property.
Waiver upon a judicial separation of property When the waiver is
made upon judicial separation of property or after the marriage has
been dissolved or annulled, the same shall appear in a public
instrument and shall be recorded as provided in Article 77. The
creditors of the spouse who made such waiver may petition the court
to rescind the waiver to the extent of the amount sufficient to
cover the amount of their credits.
Article 91-92: What constitutes community property? The
Community property shall consist of all property owned by the
spouses at the time of the celebration of the marriage or acquired
thereafter, unless otherwise provided by the marriage
settlement.
Properties Excluded in the Community under Article 92:1. Those
acquired during the marriage by gratuitous title, including the
fruits as well as the income thereof, unless it is expressly
provided by the donor, testator or grantor that it shall form part
of the community property.2. Those personal and exclusive use of
either spouses. However, jewelries shall form part of the community
property.The car is likewise to be treated for the community
because of its high value3. Those acquired before the marriage by
either spouse who has a legitimate descendant by a former marriage.
4. Those that are expressly excluded in the marriage settlement. A
previous marriage was declared void due to lack of a valid marriage
license, the couple had a child. Subsequently, the husband
remarried, will the properties of the husband part of the community
property? The properties of the husband will be considered part of
the community property of the subsequent marriage since the
previous marriage was declared void on the absence of a formal
requisite which is the lack of a valid license. In this case the
child is considered illegitimate. A previous marriage was declared
void under article 36 of the Family Code, the couple had a child.
Subsequently, the husband remarried, will the properties of the
husband be part of the community property? No, since in this case,
the previous marriage was declared void due to Article 36 which
would not affect the legitimacy of the child, of the husbands
previous marriage. This situation falls under paragraph 3 of
Article 92 of the Family Code.
Article 93: Property acquired during the marriage is presumed to
belong to the community, unless it is, proved that it is one of
those excluded therefrom. What if you inherited a parcel of land
during the marriage, you sold the land and bought another property
using the proceeds of the sale of an exclusive property. Will the
property you bought using the proceeds of the exclusive property be
considered still an exclusive property or will it form part of the
community property? The property becomes community property since
there is no law which states that a property bought from the
proceeds of an exclusive property will still be considered an
exclusive property. Furthermore, Article 93 of the Family Code
states that properties acquired during the marriage is presumed to
belong to the community, unless of course, it is proved that it is
excluded therefrom.
Article 94: Obligations Chargeable to the Absolute Community1.
The support of the spouses, their common children and legitimate
children of either spouse. The support of the illegitimate children
shall be charged to the exclusive properties of the spouse
concerned. However, if the exclusive property is insufficient, then
it will be advanced to the community property and to be deducted to
the share of the spouse upon liquidation of the absolute community.
The support of the illegitimate child, will depend on the capacity
of the giver and the need of the recipient
2. All the debts and obligations contracted by the spouse
designated as the administrator of the absolute community for the
benefit of the family during the marriage. If both spouses
contracted the obligation or by one of the spouse with the consent
of the other, then the liability will be charged to the community;
whether or not it benefited the family.3. Debts and obligations
contracted by either spouse without the consent of the other to the
extent that the family may have been benefited.4. All taxes, liens,
charges and expenses for major and minor repairs of community
property are chargeable to the absolute community. Taxes, liens and
charges on the exclusive property of one spouse but is being used
by the family can be charged to the community. Expenses for repair
of the exclusive property is chargeable to the community only if it
is a minor repair or those necessary for the preservation of the
said property. If it is already a major repair, it has to be
answered by the separate fund of the exclusive owner.
5. Expenses needed for the self-improvement of one spouse, by
either commencing or completing a professional or vocational course
is chargeable to the absolute community. 6. Ante-nuptial debts of
either spouse in so far as it redounded to the benefit of the
family is chargeable to the community.7. The value of what is
promised by both spouses in favor of their common children for the
exclusive purpose of commencing or completing a course or
vocational course for their childrens self-improvement.8. Expenses
of litigation between spouses unless the suit is found to be
groundless.9. A spouse who gambles or engages in any game of chance
or betting shall bear the losses and he cannot charge it to the
absolute community. However, if he wins, the winnings will become
part of the community.
Three Personal Obligations that the community is compelled to
pay subject as an advances of the spouse from the absolute
community:a. Ante-nuptial debt which did not redound to the benefit
of the family.b. Support of illegitimate children.c. Civil
liability arising from the crime committed. If the community
property is insufficient to pay those foregoing liabilities, except
those falling under par.9 of Article 94, the spouses shall be
considered solidarily liable for the unpaid balance with their
separate properties.
Article 96-98: Ownership, Administration, Enjoyment and
Disposition of the Community Property The husband and wife are
co-owners of the absolute community property The administration and
enjoyment of the community shall belong to both spouses jointly. In
case of disagreements, the husbands decision shall prevail, subject
to the recourse of the court by the wife for proper remedy, which
must be availed within 5 years from the date of the contract
implementing such decision. This provision only refers to acts of
administration and not acts of ownership since ownership needs both
consent otherwise it shall be considered void. The sole
administrator of the absolute community by one spouse does not
include the powers to dispose of or encumber the community property
without the consent or the authority of the other spouse or from
the court. The sale is null and void. However, the transaction
shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a
binding contract upon the acceptance by the other spouse or
authorization by the court before the offer is withdrawn by either
or both offerors. PNB vs. Court of Appeals 153 SCRA 435If the buyer
of the property is in good faith, the sale could no longer be
nullified by the wife. The only remedy of the wife is to compel the
husband to account for the proceeds of the sale as it is part of
the absolute community of property. This rule will apply only if
the buyer is not aware that the seller is married as he merely
relied on what appears in the title. Under Article 173 of the Civil
Code, a sale of common property by the husband without the consent
of the wife is mere voidable and not void. The non-consenting
spouse has a period of 10 years to annul the sale, otherwise the
action to annul prescribes. The annulment of the sale does not only
refer to the share of the unconsenting spouse but the entirety of
the contract. Villaranda vs. Villaranda, G.R. No. 153447, Feb. 23,
2004:Under the Civil Code, the consent of the wife to the sale of
the conjugal property by her husband is required only if the said
conjugal property was acquired after the effectivity of the Civil
Code. If it was acquired before the effectivity of the Civil Code,
consent of the wife is not required.
Either spouse may dispose by will of his/her interest in the
community property This is allowed because the disposition in a
will does not take effect during the marriage but only upon death
of the party disposing. However, considering that the absolute
community is a co-ownership, the spouse can only dispose of his/her
interest in the community property and not in a specific property.
A spouse cannot donate to a third person a community property
without the consent of the other spouse This is to protect a spouse
from the reckless and unreasonable act of generosity of the other
spouse which may result to the diminution of the common property to
the damage and prejudice of the said spouse. However, if the
donation is merely a moderate gift given on occasion of family
rejoicing or distress, or as charity, the donation is valid.
Whether a donation is moderate or not depends upon the financial
situation of the spouses and the absolute community of property
regime.
Article 99-100: Dissolution of Absolute Community
RegimeInstances of the Termination of the Absolute Community1.
Death of either spouse2. There is a decree of legal separation3.
The marriage is declared annulled or declared void4. Judicial
separation of property during the marriage
Effect of De Facto Separation:1. This does not dissolve the
community property.2. The spouse who leaves the conjugal home
without justifiable cause will not be entitled to support.3. If the
consent of the abandoning spouse is needed in a transaction
involving a common property, judicial authorization may be obtained
in a summary proceeding.4. Lastly, abandoned spouse may petition
the court for judicial authorization to administer or encumber any
specific separate property of the other spouse so that the proceeds
thereof as well as its fruits can be used to help defray the
expenses in supporting the family.
Effect to the spouse who abandons the family without just cause
or fails to comply with his/her obligations to the family:1.
Receivership2. Judicial separation of property3. Appointment as
sole administrator of the absolute community Abandonment This
implies a departure by one spouse with the avowed intent never to
return, followed by a prolong absence without just cause. The
spouse left the conjugal dwelling for a period of 3 months or has
failed within the same period to give any information as to his or
her whereabouts shall be prima facie presumed to have no intention
of returning to the conjugal dwelling.Article 102-104: Liquidation
of the Absolute Community Assets and LiabilitiesProcedure for the
Dissolution of the Absolute Community Regime:1. Inventory shall be
prepared: Lists separately all the properties belonging to the
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, the spouses shall be solidarily
liable for the unpaid balance with their separate properties
according to Article 943. The remaining exclusive properties of the
spouse shall be delivered to each of them
4. The net remainder of the absolute community is composed of
the net assets of the community: The net asset shall be divided
equally between husband and wife, unless a different proportion was
agreed in the marriage settlement or there was a voluntary waiver
of such share. The net profit is 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. The conjugal dwelling will be adjudicated to the spouse with
whom the majority of common children choose to remain, unless
otherwise agreed upon by the parties. Children below 7 years old
are deemed to have chosen the mother, unless the court will decide
otherwise. In case there is no such majority, the court shall
decide taking into consideration the best interest of the said
children.
Termination of the marriage by death:a. Upon death of one
spouse, the community property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased.b. If
no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the community property either judicially or
extra-judicially within one year from the death of the deceased
spouse. If after the lapse of 1 year, no liquidation is made, any
disposition or encumbrance involving the community property of the
terminated marriage shall be void.
c. If the surviving spouse contract a subsequent marriage
without compliance with requirements of Article 101, the mandatory
regime of complete separation shall govern the property relation of
the subsequent marriage. Marigsa vs. Macabuntoc, 17 Phil 107Upon
the death of a spouse, the absolute community which has been
dissolved by death of one spouse evolves into a co-ownership of the
surviving spouse and their common children. Thus, the surviving
spouse cannot sell an absolute community property except with the
consent and conformity of the children.
CONJUGAL PARTNERSHIP OF GAINS
Article 105-108: General Provisions This chapter on conjugal
partnership of gains is only applicable if the parties to the
marriage have agreed to be governed by it in the marriage
settlement: This is only suppletory because the property relation
of the spouses will be primarily governed by their marriage
settlement. This chapter will apply to those marriages who were
solemnized before the effectivity of the Family Code without a
marriage settlement. General Rule:Only those properties acquired
during the marriage through the efforts and industry of either
spouses as well as the income or fruits of their exclusive
properties that accrue during the marriage will the compromise the
conjugal partnership. Upon the dissolution of the marriage or the
property relation: The net gains shall be divided between the
spouses equally, unless there is a different ratio of sharing
stated in the marriage settlement. Article 88 and 89 shall apply to
Conjugal Partnership of Gains:a. The conjugal partnership of gains
shall commence at the precise moment of celebration of the
marriage. It cannot commence at any time during the marriage.b.
Spouses cannot waive their rights, interests, shares or effects in
the conjugal partnership during the marriage except in case of
judicial separation of property. c. In case a waiver is made which
resulted to the judicial separation of property, the waiver must be
made in a public document and duly recorded in accordance with
Article 77. d. A creditor of the spouse may ask for the rescission
of the waiver if it prejudices him. The Rule on Partnership in the
Civil Code shall apply to Conjugal Partnership of Gains: Any
stipulation which excludes the partners from any share of the
profits and losses of the partnership is void. Every partner must
account to the partnership for any benefit and hold as trustee for
any profits derived from the use of any partnership property.
Article 109: Exclusive Property of Each Spouse Properties owned
by either spouse before the marriage. Properties acquired during
the marriage by gratuitous title. Properties acquired by right of
redemption, by barter or by exchange with property belonging to
only one of the spouses. Exclusive properties by either spouse that
were mortgaged and foreclosed before the marriage but were redeemed
during the marriage shall remain as an exclusive property, even if
the money used to redeem it is a conjugal money. In this case, the
spouse concerned shall be considered as indebted to the conjugal
partnership as the money used to the redemption shall be treated as
advances of the spouse form the conjugal partnership. Properties
purchased with the exclusive money of either spouse. When a
property is bought during the marriage the presumption is that it
is conjugal. However, if the money used to buy such property is an
exclusive fund of either one of the spouse, then the property shall
be considered an exclusive property of the said spouse.
Article 110-115: Ownership, Enjoyment and Administration of
Exclusive Properties
RULES IN HANDLING THE EXCLUSIVE PROPERTIES IN A CONJUGAL
PARTNERSHIP REGIME A spouse shall retain the ownership, enjoyment
and administration of his/her exclusive properties Either spouse,
during the marriage, may transfer the administration of his/her own
exclusive property to the other spouse by means of a public
instrument, which shall be recorded in the registry of property of
the place where the property is located. The owner spouse can
dispose, alienate or encumber his/her exclusive property without
the consent of the spouse or administering spouse Even if the
exclusive property of a spouse is under the administration of the
other spouse, it does not preclude the owner spouse from selling or
encumbering the property. The alienation would simply mean that the
owner spouse is terminating the administration of the property by
the other spouse. The proceeds of the sale shall only belong to the
owner spouse. If an exclusive property is involved in a litigation,
only the owner spouse will litigate and need not include the other
spouse This only applies if the properties litigated are all
exclusive properties of one spouse. If the litigation of the
properties also involves a conjugal property, the other spouse must
be impleaded as party plaintiff. Thus, if a wife files an action
for ejectment to recover possession of her exclusive property being
leased by a delinquent tenant, she alone must litigate. But, if she
also demands payment of unpaid rentals that accrued during the
marriage, the husband must be impleaded because the unpaid rentals
are conjugal. Properties donated or left by will to either of the
spouses during the marriage, shall pertain to the donee-spouse as
his own exclusive property In the absence of specific designation
of shares, the spouses will own the donated property in equal
shares. Should a spouse refuse to accept the donation, his/her
share in the property donated pro indiviso shall go to the other
spouse by way of accretion. If the donation is subject to an
onerous condition: The donee spouse shall bear the cost in
complying with the condition. Should the spouse have no sufficient
funds to pay the cost of complying the condition, the conjugal
partnership may advance the cost subject to reimbursement later on
from the exclusive funds of the donee spouse. Rule on retirement
benefits, pensions, annuities, gratuities, usufruct and other
similar benefits: If it is acquired gratuitously during the
marriage then it is exclusive. If acquired onerously, then it is
conjugal.
Article 116-120: Conjugal Partnership PropertyGeneral Rule: All
properties acquired by either spouse during the marriage are
presumed conjugal even if it is declared in the name of only one
spouse. This rule applies even if the spouses are already living
separately. However, for this rule to be applicable, it is a
condition sine qua non that proof of its acquisition during the
marriage is duly established. The presumption of law is in favor of
conjugality, whoever claims that it is not conjugal has the burden
of proving that is acquired using the exclusive money of a spouse
or that is acquired gratuitously. Magallon vs. Mantejo, 146 SCRA
282It has been held that an inscription in the Torrens Title of the
owners name as Marting Lacerna married to Epifania Magallon is
merely descriptive of the civil status of the owner and does not
necessarily prove that the land is conjugal in the absence of proof
that it was acquired during the marriage.
CONJUGAL PARTNERSHIP PROPERTIES1. Properties acquired by onerous
title during the marriage at the expense of the common fund,
whether the acquisition is for partnership or for only one of the
spouses Zulueta vs. Pan American World Airways, Inc 49 SCRA 1The
Supreme Court held that damages granted by the courts in favor of
any of the spouses arising out of a contract sole financed by the
conjugal partnership of gains and consequently unduly breached by a
third party belongs to the conjugal partnership of gains. Lilius
vs. Manila Railroad Co. 62 Phil 56The Supreme Court said that if
damages were awarded to one of the spouses as a result of physical
injuries inflicted by a third person, as in the case of an injury
resulting from an automobile accident which resulted to the
disfigurement of the wifes face, the damages awarded belong
exclusively to the injured spouse.2. Those obtained through the
labor, industry, work or profession of either spouse during the
marriage The salary of the spouse Fruits of exclusive rights, if it
accrued during the marriage and the fruit is the net fruits. 3.
Share of either spouse in the hidden treasure which the law awards
to the finder or owner of the property where the treasure is
found.4. Those acquired through occupation such as fishing or
hunting.5. Fruits, natural, industrial or civil, due or received
during the marriage from the common property, as well as the net
fruits from the exclusive property of each spouse.6. Livestock
existing upon the dissolution of the partnership in excess of the
number of each kind brought to the marriage by either spouse.7.
Those acquired by chance, such winnings from gambling or betting.
However, losses shall be borne exclusively by the loser-spouse.
Properties bought on installments before the marriage and paid
partly by exclusive funds and partly by conjugal funds: If the
ownership was vested BEFORE the marriage: The property is an
exclusive property of one spouse and the payment thereof is
considered as an advance by the owner-spouse from the conjugal
partnership. If the ownership was vested DURING the marriage: The
property belongs to the conjugal partnership of both spouses,
however, the spouse who originally purchased the property through
installment is to be reimbursed by the conjugal partnership upon
liquidation. Payment of a credit in favor to one spouse made during
the marriage shall remain as an exclusive property of the spouse
concerned. The interest thereof which accrued during the marriage
is conjugal as it is considered fruits of an exclusive property
during the marriage Effects if improvements are introduced to a
land belonging to either spouse is taken from the conjugal
partnership: If the improvement introduced and the resulting
increase in the value are more than the value of the land at the
time the improvement was introduced therein: The land and the
improvement made shall belong to the conjugal partnership, however,
the spouse who originally owned the land shall be reimbursed of its
cost upon liquidation of the conjugal partnership. If the land has
more value than the improvements introduced: The land and the
improvement made upon it shall belong to the exclusive property of
the spouse who originally owned the land. However, owner-spouse
shall need to reimburse the conjugal partnership the cost of the
improvements upon liquidation thereof. Until reimbursement is made
at the time of the liquidation, ownership is retained by the
original owner. Thus, ownership of the land and the improvement
shall be transferred only upon liquidation of the conjugal
property. Contract of Sale: ownership is already vested to the
buyer even if the property acquired is not yet fully paid. For
Contract to Sell: ownership of the property is only vested upon the
buyer after fully payment thereof.
Article 121- 123: Charges upon and Obligations of the Conjugal
PartnershipLiabilities of the Conjugal Partnership: The charges and
obligations of the conjugal partnership are the same as mentioned
in Article 94 of the Family Code. The only difference is that
paragraph 9 of Article 94 is not included in the Conjugal
Partnership of Gains. If the conjugal partnership is insufficient
to cover the liabilities, the spouses shall be solidarily liable
for the unpaid balance with their separate properties. The payment
of personal debts contracted by any of the spouse before or during
the marriage shall not be charged to the conjugal partnership
except in so far as they redounded to the benefit of the family.
Neither does the fines and indemnities imposed upon them be charged
to the partnership. The payment of personal debts contracted by the
husband or the wife before or during the marriage shall not be
charged to the conjugal partnership except in so far as it
redounded to the benefit of the family. The personal obligations of
a spouse mentioned in Article 94, par. 9 of the Family Code
(support of an illegitimate children, anti-nuptial debts which did
not redound to the family and fines and indemnities imposes upon a
spouse for delicts and quasi-delicts committed) can be charged
against the conjugal partnership if the spouse concerned does not
have any exclusive property, provided that all liabilities
mentioned in Article 121 are covered first. Where a husband
contracts a loan on behalf of the family business, the law
presumes, and rightly so, that such obligation will redound to the
benefit of the conjugal partnership. The conjugal partnership is
liable for all obligations contracted by the husband and wife.
Thus, when the said obligations becomes due, the conjugal
partnership shall be answerable for it and not the husband and the
wife individually. It is therefore an error to consider the husband
and wife solidarily liable, as it is the conjugal partnership and
not the individual spouses who should answer for it. If the
conjugal partnership fund is insufficient to pay the obligation,
the spouses shall be solidarily liable for the unpaid balance with
their separate properties. Ayala Investment & Development Corp.
vs. Court of Appeals, G.R. No. 118305, Feb. 12, 1998A surety
agreement contract entered into by the husband in favor of his
employer cannot, by itself, alone be categorized as falling within
the context of Obligation for the benefit of the family. Thus, said
obligation cannot be charged against the conjugal partnership. Sps.
Buado vs. Court of Appeals G.R. No. 145222The wifes civil liability
arising from the crime of slander cannot be charged against the
conjugal partnership as it did not definitely redound to the
benefit of the family. The levy on execution on a conjugal
partnership property to satisfy the said civil liability of the
wife is not valid. Article 122 of the Family Code explicitly
provides that payment of personal debts contracted by the husband
or the wife before or during the marriage shall be charged to the
conjugal partnership except insofar as they redound to the benefit
of the family. The filing of third party claim by the husband to
nullify the execution sale of the conjugal property is proper.
Article 124-125: Administration of the Conjugal Partnership
Property The provisions of Articles 124 and 125 are very similar or
identical to Articles 96 and 98 of the Family Code. A period of 5
years is given to a spouse to institute a case questioning the
validity of decisions made by the administrator-spouse of the
conjugal properties This actions falls within the rules on summary
procedure pursuant to Title XI, Article 238-253 of the Family
Code.
Sale without knowledge and consent If one the spouse sells a
conjugal property without the knowledge and consent of the other,
such sale is VOID. The action to nullify the sale does not
prescribe. Sale with knowledge but without approval If one the
spouse sells a conjugal property with the knowledge but without the
approval of the other, such sale is ANNULABLE at the instance of
the aggrieved spouse, who is given 5 years from the date of the
contract implementing the decision to institute the case. Fuentes
vs. Roa G.R. No. 178902, April 21, 2010If the sale, without the
consent of the wife, was made on January 11, 1989, after the
effectivity of the Family Code, the sale is still void even if the
parties were married in 1950. The buyer, however, may recover the
amount they paid to the seller with legal interest until fully paid
and to be entitled to indemnity with a right of retention until the
reimbursement is made. Melania Roxas vs. Court of Appeals, G.R. No.
92245The husband-administrator cannot lease a conjugal property
without the consent of the wife. This is because lease is an
encumbrance on the property as the lessor transfers his right to
use the property in favor of the lessee. The lessors right is
impaired therein. He may even be rejected by the lessee if the
lessor uses the leased premises. Therefore, lease is a burden on
the land. Moreover, the lease is not only an encumbrance but also a
qualified alienation with the lessee becoming, for all intents and
purposes and subject to its terms, the of the thing affected by the
lease.
Article 126-128: Dissolution of Conjugal Partnership Regime
TERMINATION OF CONJUGAL PARTNERSHIP1. Death of either spouse 1/2
of the conjugal properties will go to the surviving spouse while
the other will form part of the estate of the deceased spouse and
the same will be transmitted to his heirs. The death of a spouse
will result to a co-ownership between the surviving spouse and
their children.2. When there is a decree of legal separation The
conjugal partnership is terminated by express provision of the law.
3. When the marriage is annulled or declared void The conjugal
partnership is dissolved as there is no more marriage to speak of
and when the marriage is terminated, the conjugal partnership is
also terminated.4. When there is a judicial separation of property
during the marriage This is another instance where the conjugal
partnership is terminated when there is still a subsisting valid
marriage.
A separation in fact between the husband and wife does not
affect the regime of conjugal partnership.
CONSEQUENCES OF A DE FACTO SEPARATIONa. The spouse who left the
conjugal dwelling without just cause will no longer be entitled to
support from the abandoned spouse.b. If the consent of the
abandoning spouse is needed in any transaction involving conjugal
properties, the present spouse may ask judicial authorization in a
summary proceeding.c. The present may sell or encumber an exclusive
property of the abandoning spouse, with prior judicial
authorization, to answer for his/her share in the solidary
obligation to support the family. d. In case of insufficiency of
the conjugal partnership, the exclusive property of the spouses is
solidarily liable for the support of the family.
REMEDIES OF THE PRESENT SPOUSE DUE TO ABANDONMENTa. Petition the
court for receivershipb. Demand for judicial separation of
propertyc. Petition the court for authority to act as sole
administrator of the conjugal partnership
Article 129-133: Liquidation of the Conjugal Partnership Assets
and Liabilities This procedure in the liquidation of the conjugal
partnership regime is the same as that of the absolute community
property regime.
SEPARATION OF PROPERTY OF THE SPOUSES AND ADMINISTRATION OF
COMMON PROPERTY BY ONE SPOUSE DURING THE MARRIAGE
Article 134: Judicial separation of property during the
marriageGeneral Rule: The regime of separation if property can only
govern if the husband and wife have entered into a marriage
settlement and it is the property regime they have agreed upon in
their pre-nuptial agreement.
Article 135: Grounds for Judicial Separation of Property
Sufficient Cause for Judicial Separation of Property:1. The
spouse of the petitioner has been sentenced to a penalty which
carries with it civil interdiction.2. The spouse of the petitioner
has been judicially declared an absentee.3. The loss of parental
authority of the spouse of the petitioner has been decreed by the
court.4. The spouse of the petitioner has abandoned the latter or
failed to comply his/her obligations with the family.5. The spouse
who has been granted with the power of administration in the
marriage settlement has abused the power.6. At the time of the
petition, the spouses has been separated in fact for at least 1
year and reconciliation is high improbable. For the first three
grounds mentioned in Article 135, it is enough for the petitioner
to attach the final the final judgment of the court declaring a
spouse under civil interdiction, being an absentee, or having lost
his parental authority. The final judgment of the court in these
first three grounds will be sufficient basis for the court to grant
the petition. When any of the grounds exists, the aggrieved party
may file in court asking for the dissolution of their existing
property regime. There is no need for the conformity of the other
party as the petitioner must have to establish the grounds in
court. Once the court grants the petition, the existing property
regime that governs them will be considered dissolved and they will
now be governed by the regime of separation of property during
their marriage.
Article 136: Voluntary Separation of Property The spouses may
jointly file a verified petition in court for the dissolution of
their property regime Even without any grounds, the husband and
wife may dissolve their conjugal partnership or absolute community
by mutual agreement. Once the court grants the petition, the
parties will then be governed by the regime of separation of
property. The petition for separation of property as well as the
final judgment of the court granting it shall be recorded in the
proper local civil registries and the registry of property in order
to bind third persons. However, the separation of property shall
not prejudice the rights of the creditors acquired previous to the
marriage. All creditors of the community and the conjugal
partnership of gains, as well as the personal creditors of the
spouses shall be listed in the petition and notified of the filing
thereof. The court shall take measures to protect the creditors and
other persons with pecuniary interests.
Article 137-140: Effects of the Decree of Separation of Property
Once the court decrees the separation of property, whether based on
sufficient causes under Article 135 or upon mutual agreement by the
spouses under Article 136, there will be dissolution of the
absolute community or the conjugal partnership as the case may be
and consequently, the liquidation of the absolute community or the
conjugal partnership will take place as a matter of course.
While the proceeding for the Judicial Separation is ongoing: The
support of the children and the spouses shall be taken from the
absolute community or conjugal partnership.
The court grants the separation of property: There will no
longer be any absolute community or conjugal partnership, so
support of the children shall be taken from the separate or
exclusive property of both spouses in proportion to their income
pursuant to Article 146 of the Family Code. The petition for
separation of property as well as the final judgment of the court
granting it shall be recorded in the proper local civil registries
and the registry of property in order to bind third persons.
However, the separation of property shall not prejudice the rights
of the creditors acquired previous to the marriage.
Article 141: Revival of the Former Property Regime When the
separation of property is based on the ground enumerated on Article
135 and the said grounds no longer exists: The parties must file a
joint motion with the court that issued the judgment for separation
of property praying that a decree for revival of the former
property regime be issued. The separation of property under Article
135 may be availed of many times for as long as there exists a
ground. When the separation of property is based upon mutual
agreement of the parties: A revival of the former property regime
is allowed. However, once granted, the parties could no longer go
back to separation of property by mutual agreement because
voluntary separation of property may be availed on only once.
Article 142: Administration of Exclusive PropertiesGeneral Rule:
The administration of the exclusive property shall belong to the
owner-spouse.
Except: If any of the following grounds exists:a. The
owner-spouse is placed under guardianship of the other spouse.b.
The owner-spouse is declared an absentee.c. The owner-spouse has
been sentenced to a penalty which carries with it civil
interdiction.d. The owner-spouse becomes a fugitive from justice or
is hiding as an accuse in a criminal case. In this case, the other
spouse may be appointed by the court as the administrator of the
exclusive property of the said spouse. In the event that that other
spouse is not qualified to assume administration due to
incompetence, conflict of interest, or any other cause, the court
shall appoint a suitable person to be the administrator.
REGIME OF SEPARATION OF PROPERTY
Article 143-146: Separation of Property Separation of Property
Each spouse shall own, administer, use and enjoy his or her
exclusive property to the exclusion of the other. Each spouse can
sell, dispose or encumber his exclusive property without the
consent of the other spouse. All income or earnings derived from
his profession or business shall belong to him alone. As well as
the fruits, natural, industrial or civil, received or earned during
the marriage from the exclusive property of a spouse shall belong
to the spouse concerned. The separation can partial or total. In
case of partial separation, the property not agreed upon as
separate shall be governed by the absolute community of property
regime.
Where will the expenses of the family be taken? The separate
properties of both spouse shall be answerable for it. Thus, both
spouses shall bear the family expenses in proportion to their
income. In case of insufficiency or default thereof, the current
market value of the exclusive property of each spouse shall be the
basis of the proportionate contribution.
The liability of the spouse for the creditors of the family
shall be solidary: The creditors can demand payment of the entire
obligation from the husband alone or from the wife alone. The
spouse who paid the whole obligation may later on demand be
reimbursed by the other spouse.
Article 147-148: Property Regime of Union without Marriage
Co-ownership This the property regime that will govern when a man
and woman lived together as husband and wife without the benefit of
marriage or under a void marriage. Article 147: When a man and
woman capacitated to marry, live exclusively with each as husband
and wife or under a void marriage: The full co-ownership will
govern for everything acquired by either party onerously during
their cohabitation. Their wages and salaries shall be owned by them
in equal shares and the property acquired by both of them through
their work or industry shall be governed by full co-ownership rule.
Consent of both parties is required in the disposition of any of
the common properties. Neither party can encumber or dispose of by
act inter vivos his/her share in the co-ownership without the
consent of the other, until after the termination of their
cohabitation.Void Marriages referred in Article 147:a. Void on the
ground of Psychological Incapacityb. Void due to absence to legal
capacity to marryc. Void due to both spouses acted in bad faith in
declaring an absentee spouse presumptively dead.d. Void due to one
spouse did not secure a judicial decree of annulment or nullity of
marriage of his/her previous marriage before contracting a
subsequent one.e. Void marriages because of absence of consent,
authority of the solemnizing officer, absence of a valid marriage
license or marriage ceremony. In the absence of proof to the
contrary, the properties acquired while they lived together shall
be presumed to have been obtained by their join efforts, work or
industry and shall be owned by them in equal shares. A party who
did not participate in the acquisition by other party of any
property shall be deemed to have contributed jointly in the
acquisition thereof if the formers efforts consisted in the care
and maintenance of the family and of the household.
Article 148: In case of cohabitation not falling under Article
147:: Only the properties acquired by both parties through their
actual joint contribution of money, property or industry shall be
owned by them in equal proportion to their respective contribution.
If one of the parties is validly married to another, his/her share
in the co-ownership shall accrue to the absolute community or
conjugal partnership existing in such valid marriage. In the
absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal. The same rule and
presumption shall apply in joint deposits of money or evidences of
credit.
Termination of Cohabitation in case of bad faith by one party
for Article 147 and 148:a. His or her share in the co-ownership
shall forfeited in favor of their common children.b. In case of
default or waiver of the common children, his/her share shall go to
his surviving descendant.c. In the absence thereof, shall belong to
the innocent party.
Valdes vs. RTC, 260 SCRA 221A spouse who contracted a subsequent
marriage without having his previous marriage judicially declared
void is guilty not only of bigamy but also of violating Article 40,
thus, his subsequent marriage is null and void. The spouse in bad
faith in a void marriage under Article 40 shall forfeit only his
share in the net profits of the community or the conjugal
partnership in favor of the common children, or if there are none,
the children of the guilty spouse by a previous marriage, or in
default of children, the innocent spouse. This is because of the
explicit provision of Article 43(2) in relation to Article 50 of
the Family Code. However, if the marriage is void, not because of
Article 40, the forfeiture of share shall be in accordance with
Article 147 or 148, which provide that the guilty party shall
forfeit not only his/her share in the net profits but all his or
her shares in the co-ownership in favor of their common children or
to the innocent spouse. Alain M. Dio vs. Ma. Caridad Dio, G.R. No.
178044The void marriages under Article 36 of the Family Code is one
of the void marriages referred to in Article 147 where co-ownership
governs. It is an error for the trial court to order that a decree
of absolute nullity of marriage shall be issued only after
liquidation, partition and distribution of the parties properties.
The ruling has no basis because Section 19(1) of the Rule does not
apply to cases governed under Articles 147 and 148 of the Family
Code. It is clear from Article 50 of the Family Code that Section
19(1) of the Rule applies only to marriages declared void ab initio
or annulled by final judgment under Articles 40 and 45 of the
Family Code. In short, Article 50 of the Family Code does not apply
to marriages which should be declared void without waiting for
liquidation of the properties of the parties.
***Nothing Follows***
Frodo: I can't do this, Sam.
Sam: I know. It's all wrong. By rights we shouldn't even be
here. But we are. It's like in the great stories, Mr. Frodo. The
ones that really mattered. Full of darkness and danger, they were.
And sometimes you didn't want to know the end. Because how could
the end be happy? How could the world go back to the way it was
when so much bad had happened? But in the end, it's only a passing
thing, this shadow. Even darkness must pass. A new day will come.
And when the sun shines it will shine out the clearer. Those were
the stories that stayed with you. That meant something, even if you
were too small to understand why. But I think, Mr. Frodo, I do
understand. I know now. Folk in those stories had lots of chances
of turning back, only they didn't. They kept going. Because they
were holding on to something.
Frodo: What are we holding onto, Sam?
Sam: That there's some good in this world, Mr. Frodo... and it's
worth fighting for.
J.R.R. Tolkien, The Two Towers