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TITLE II: LEGAL SEPARATION

ARTICLE 55.
LEGAL SEPRATION
A legal remedy available to parties in a valid but failed marriage for the purpose of obtaining a
decree from court entitling him or her to certain reliefs such as right to live separately from each other
without affecting the material bond that exists between them, the dissolution and liquidation of their
absolute community or conjugal partnership property regime and the custody of their minor children.

*The remedy may be availed of only if there is a ground for doing so, which grounds are enumerated
under Article 55 of the Family Code.

GROUNDS FOR LEGAL SEPARATION
1) Repeated physical violence
2) Physical violence or moral pressure
3) Attempt of respondent to corrupt
4) Final judgment sentencing the respondent to imprisonment of more than 6 years
5) Drug addiction
6) Lesbianism
7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or
abroad
8) Sexual infidelity or perversion
9) Attempt by the respondent against the life of the petitioner
10) Abandonment of the petitioner by respondent without justifiable cause for more than 1 year

DISTINGUISHMENT OF LEGAL SEPARATION FROM ANNULMENT AND ABSOLUTE DIVORCE

Legal separation is distinguished from annulment and absolute divorce because the marriage
bond here is not served, while in annulment and divorce the marriage bond is served or terminated,
allowing the parties to remarry.

INFLICTION OF PHYSICAL VIOLENCE
If the physical violence is directed against the wife, a common child or a child of the wife. (R.A.
No. 9262)

MORAL PRESSURE
If the same is directed against a common child or a child of the petitioner to compel said child to
change religious or political affiliation, there is NO ground for legal separation.

GROSSLY ABUSIVE CONDUCT a ground for legal separation under paragraph 1, it is submitted that
psychological and sexual violence and repeated verbal abuse may likewise qualify as grounds for legal
separation.

PSYCHOLOGICAL VIOLENCE
Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity.

It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of
a member of the family to which the victim belongs or to the witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.





SEXUAL VIOLENCE
Act which is sexual in nature, committed against a woman or her child. It includes, but is not
limited to:

a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking sexual parts of the
victims body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child

FINAL JUDGEMENT OF MORE THAN 6 YEARS IMPRISONMENT
1) The sentenced imposed is imprisonment of more than six years
2) The conviction occurs only after the celebration of the marriage

DRUG ADDICTION
If the drug addiction, habitual alcoholism, lesbianism or homosexuality is already present during
the time of the marriage but the same is concealed from the other party, there is a fraud which constitutes
as ground for annulment of the marriage. If there is no concealment and such circumstance is known to
the other party at the time of the marriage, there is no ground to annul the marriage.

CONTRACTING A SUBSEQUENT BIGAMOUS MARRIAGE
Void. But it does not affect the validity of the prior marriage.

SEXUAL INFIDELITY
The husband must be:
1) Keep a mistress in the conjugal dwelling
2) Have sexual intercourse, under scandalous circumstances with a woman who is not his wife
3) Cohabit with her in any other place

A single act of sexual intercourse on the part of the wife with a man other than her husband is
ALWAYS a ground for legal separation since the same constitutes ADULTERY.

SEXUAL PERVERSION
Includes all unusual or abnormal sexual practices which may be offensive to the feelings or sense
of decency of either the husband of the wife.

ATTEMPT ON THE LIFE OF THE SPOUSE
It requires the presence of INTENT TO KILL. If injury caused to a spouse is merely accidental or
not intentional, it WILL NOT be a ground for legal separation even if the injury is life threatening

ABANDONMENT
The act of one spouse voluntarily separating from the other, with the intention of not returning to
live together as husband and wife, that continues for the length of time required by statute.

Requisites of Abandonment:
a) The abandonment must be without a justifiable cause
b) The abandonment must be for more than a year

A spouse is deemed to have abandoned the other when he/she has left the conjugal dwelling
without intention of returning, when he/she left the conjugal dwelling for 3 MONTHS OR FAILED TO GIVE
ANY INFORMTION AS TO HIS/HER WHEREABOUTS shall be PRIMA FACIE PRESUMED to have no
intention of returning to the conjugal dwelling.

ARTICLE 56-57.
LEGAL SEPARTION IS DENIED ON THE FOLLOWING GROUNDS:
1) Where the aggrieved party has condoned the offense or act complained
2) Where the aggrieved party has consented to the commission of the offense
3) Where the connivance between the parties in the commission of the offense
4) Where both parties have given ground for legal separation
5) Where the collusion between the parties to obtain decree of legal separation
6) Where the actionis barred by prescription

CONDONATION
The conditional forgiveness or remission, by husband or wife of a matrimonial offense which the
other has committed.
May be either EXPRESS signified by words or writing, and IMPLIED form the conduct of the
parties.
GENERAL RULE: Is that any cohabitation with the guilty party, after the commission of the
offense and with the knowledge or belief on the part of the injured party of its commission will
amount to conclusive evidence of condonation; but this presumption may be rebutted by evidence
to the contrary.
CONSENT
Agreement or conformity in advance of the commission of the act which would be a ground for
legal separation..
EXPRESS CONSENT is directly given, either viva voce or in writing
IMPLIED CONSENT is manifested by signs, action, or facts or by in action or silence, from which
arises an inference that consent has been given
It is differ from condonation in that the former is given in advance or prior to the commission of
the act which would be a ground for legal separation; whereas the latter is the forgiveness of the
matrimonial offense after its commission.

CONNIVANCE
Necessarily involves criminality on the part of the individual who connives; it must be the act of
the mind before the offense has been committed

Consent is unilateral, or an act of only one spouse while connivance implies agreement, express or
implied by both spouses to the ground for legal separation.

Condonation and connivance differ from each other, though the same legal consequences may attend it.

Connivance differs from collusion, the former is generally collusion for a particular purpose while the latter
may exist without connivance.

COLLUSION
Means the agreement between husband and wife for one of them to commit or to appear to
commit or to be represented in court as having committed a matrimonial offense, or to suppress
evidence of a valid defense for the purpose of enabling the other to obtain a divorce or legal
separation.
There would be collusion if the parties had arranged to make it appear that a matrimonial offense
had been committed although it was not, or if the parties had connived to bring about a legal
separation even in the absence of grounds.

DE OCAMPO VS FLORENCIANO G. R. No. L-13553, FEBRUARY 23, 1960
Action for legal separation by Jose De Ocampo against his wife Serafina on the ground of
adultery
ADULTERY voluntary sexual intercourse between a married person and some other than his
wife/her husband

RECRIMINATION
Making of such accusation
MUTUAL GUILT when both parties have given ground for legal separation, the petition for legal
separation must be dismissed. For legal separation to prosper, it must be claimed only by the
innocent spouse and where both spouses are offenders, a legal separation CANNOT be claimed
by either of them.


PRESCRIPTIONan action for legal separation must be filed within FIVE YEARS from the time of the
occurrence of the cause.

EFFECT OF DEATH
It follows that the death of one party to the certain causes the death of the action itself: action
personalis moritur cum persona

a) In case a party dies at any stage of the proceedings before the entry of judgment, the court shall
order the case closed and terminated without prejudice to the settlement of estate proper
proceedings in the regular courts.
b) If the party dies after the entry of judgment, the same shall be binding upon the parties and their
successors in interest in the settlement of the estate in the regular courts.

ARTICLE 58-59.
COOLING OFF PERIOD
Article 58 of the Family Code mandates that an action for legal separation must in no case be
tried before SIX MONTHS shall have elapsed since the filing of the petition, obviously in order to provide
the parties a cooling off period.

ECONOMIC ABUSE refers to acts that make or attempt to make a woman financially dependent which
include but is not limited to:
1) Withdrawal of financial support
2) Deprivation or threat of deprivation of financial resources
3) Destroying household property
4) Controlling the victims own property or money

ARTICLE 60.
Confession of judgment usually happens when the defendant appears in court and confesses the
right of plaintiff to judgment or files a pleading expressly agreeing to the plaintiffs demand
A judgment based on a stipulation of facts occurs when the parties in a suit stipulated on the
existence of certain facts and thereafter submits the case for decision based on a said stipulation

INTERVENTION OF STATE ATTORNEYS
Where no answer is filed by the respondent in a legal separation case or if the answer does not
render an issue, the court shall order the public prosecutor to investigate whether collusion exists
between the parties.

ARTICLE 61-62.
PENDENCY OF LEGAL SEPARATION CASE
MOTU PROPRIO upon application under oath of any of the parties, guardian or designated
custodian, may issue provisional orders and protection orders with or without a hearing







SECTION 2. SPOUSAL SUPPORT (RULES)
a) In the absence of adequate provisions, the spouses may be supported from the properties
b) The court may award support to either spouse in such amount
c) Court must consider such factors:
1) Whether the spouse seeking support is the custodian of a child
2) The time necessary to acquire sufficient education and training
3) Duration of the marriage
4) The comparative financial resources of the spouses
5) The needs and obligations of each spouse
6) The contribution of each spouse to the marriage
7) The age and health of the spouses
8) The physical and emotional condition of the spouses
9) The ability of the supporting spouse to give support
10) Any other factor may deem just and equitable

SECTION 4. CHILD CUSTODY
FACTORS:
a) Agreement of the parties
b) Desire and ability of each parent to foster
c) The childs health, safety and welfare
d) Any history of child or spousal abuse by the person seeking custody
e) The nature and frequency of contract with both parents
f) Habitual use of alcohol
g) Marital misconduct
h) The most suitable physical, emotional, spiritual, psychological and educational environment
i) The preference of the child, if over seven years old and of sufficient discernment

PROVISIONAL CUSTODY (Order of preference):
1) To both parent jointly
2) To either parent taking into account all relevant considerations
3) To the surviving grandparent
4) To the eldest brother or sister over 21 years of age unless unfit or disqualified
5) To the childs actual custodian over 21 years of age
6) To any other person deemed by the court suitable to provide proper care

HOLD DEPARTURE ORDER:
a) Complete name, date and place of birth, place of last residence of the person against whom the
order has been issued
b) The completer title and docket number of the case in which the hold departure was issued
c) The specific nature of the case
d) The date of the hold-departure order

SECTION 7. ORDER OF PROTECTION
a) To stay away from home or any other place designated by the court
b) To refrain from harassing
c) To refrain from acts of commission or omission that crate risk to health
d) To permit a parent or a person entitled to visitation by a court
e) To permit a designated party to enter the residence during a specified period
f) To comply with such other orders as are necessary for the protection of the child

PROTECTION ORDER
a) Barangay Protection Order (BPOs) shall issue the protection order to the applicant on the date
of filing after ex-parte determination of the basis of the application. The issuance is effective for
15 days.
b) Temporary Protection Order (TPO) refers to the protection order issued by the court on the
date of filing of the application after ex-parte determination that such order should be issued.
Issuance is effective for 30 days.
c) Permanent Protection Order (PPO) refers to the protection order issued by the court after
notice and hearing.

ARTICLE 63-64.
RIGHT TO LIVE SEPARATELY
The law allows spouses who have obtained a decree of legal separation to live separately from
each other, but in such a case the marriage bonds are not served. Else wise stated, legal
separation does not dissolve the marriage tie, much less authorize the parties to remarry.

CUSTODY OF CHILDREN
Article 213. The rule clearly mandates that a child under seven years of age shall not be
separated from his/her mother unless the court finds compelling reasons to order otherwise.

A victim suffering from battered woman syndrome shall not be disqualified from having custody from her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from battered woman syndrome.

WIFES USE OF SURNAME
The wife even after the legal separation has been decreed shall continue using her name and
surname employed before the legal separation. This is because her married status is not affected
by the separation there being no severance of the vinculum.

ARTICLE 65-67.
EFFECTS OF RECONCILIATION:
1) If the reconciliation occurred while the proceeding for legal separation is pending, the court shall
immediately issue an order terminating the proceeding.
2) If the reconciliation occurred after the rendition of the judgment granting the petition for legal
separation but before the issuance of the decree of legal separation, the spouses shall express in
their manifestation whether or not they agree to revive the former regime of their property
relations.
3) If the spouses reconcile after the issuance of the decree of legal separation, the court upon
proper motion, shall issue a decree of reconciliation declaring therein that the decree of legal
separation is set aside but the separation of property and any forfeiture of the share of the guilty
spouse already affected subsists.

WHEN THE FINAL DECREE OF LEGAL SEPARATION IS SET ASIDE-CONSEQUENCES

a) The spouses shall again be entitled to jointly custody of their children
b) The offending spouse shall again be entitled to inherit from the innocent spouse
c) The provisions in the will of the innocent spouse favoring the other shall revived
d) Any revocation of donations as beneficiary of the innocent spouses insurance policy already
affected
e) The separation of property and other forfeiture of the share of the guilty spouse already affected
shall subsist, unless the spouses agree to revive their former property regime.

THE AGREEMENT TO REVIVE MUST BE UNDER OATH AND MUST SPECIFY:
1) The properties to be contributed a new to the restored regime
2) Those to be retained as separate properties of each spouse
3) The names of all their known creditors, their addresses and the amounts owing to each




TITLE III: RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
ARTICLE 68.
The marriage relationship creates certain personal rights and duties between the husband and
wife
The rights and obligations ordinarily continue as long as the marriage endures but the usually
terminate on the death of either of the spouses
By virtue the marriage relation, has the right to the society, companionship, services, love,
affection, respect, fidelity, help and support of the other.

COHABITATION
A spouses obligation to live and cohabit with his/her partner in marriage is a basic ground rule in
marriage.
Public assumption by a man and a woman of the marital relation and dwelling together as man
and wife thereby holding themselves out to the public as such.

EMPATHY as a shared feeling between husband and wife experienced not only by having spontaneous
sexual intimacy but a deep sense of spiritual communion. Marital union is a two-way process

Marriage is definitely for 2 loving adults who view the relationship with amor gignit amoren
respect, sacrifice and a continuing commitment to togetherness, conscious of its value as a
sublime social institution.

ARTICLE 69.

ARTICLE 70-71.
FAMILY ARE CHARGEABLE TO THE FOLLOWING:
1) The community or conjugal partnership of the property
2) The income or fruits of the separate properties of the spouses
3) The separate properties of the spouses

MANAGEMENT OF HOUSEHOLD:
The wife who manages the affairs of the household
The keeping with the realities of the times the right and duty of both husband and wife

ARTICLE 72.
RELIEF AVAILABLE TO SPOUSE:
a) When spouses leaves conjugal dwelling
b) When spouse commit acts of sexual infidelity
c) When spouse sells the conjugal/community property without the others consent
d) When husband commits violation of R. A. No. 9262

ARTICLE 73.

TITLE IV: PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
ARTICLE 74-75.
GENERAL RULE:
The nature consequences and incidents of marriage are governed by law and not subject
to stipulation between the spouses.
Allows the spouses to fix their property relations during the marriage through a device
known as marriage settlement subject only to the condition that whatever settlement
they may have must be within the limits provided by the Family Code.




PROPERTY REGIME BY DEFAULT
The future spouses may in the marriage settlements agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property or any other regime
that is not contrary to law, morals, good customs, public order and public policy.
In the absence of marriage settlement or when the regime agreed upon is void the system of
absolute community of property governs the property relations of the spouses.

CUSTOMS
Following orders between husband and wife:
1) By marriage settlements executed before the marriage
2) By the provisions of the Family Code
3) By the local custom

ARTICLE 76-79.
MARRIAGE SETTLEMENT (ANTE NUPTIAL CONTRACT)
A contract which is entered into before, but in contemplation and in consideration of marriage,
where by the property relations of the spouses during the marriage are fixed and determined.

PARTIES TO MARRIAGE SETTLEMENT
Future spouses are the parties to a marriage settlement since the same is for the purpose of
fixing their property relations.

FORMALITIES REQUIRED
a) An agreement that by its terms is not to be performed within a year from the making thereof
b) A special promise to answer for the debt, default or miscarriage of another
c) An agreement made in consideration of marriage other than a mutual promise to marry

ARTICLE 80.
LAWS GOVERNING PROPERTY RELATIONS
Rules that shall not apply:
a) If there is a contrary stipulation in the marriage settlement
b) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located
c) With respect to the extrinsic validity of contracts entered in to the Philippines but
affecting property situated in a foreign country whose laws require different
formalities for its extrinsic validity.

LEX REI SITAE the law where the property is situated. A legal doctrine of property law and of
International private law.

Article 16. CC. Real property as well as personal property is subject to the law of the country where it is
stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration, whatever may be the nature of
the property and regardless of the country wherein said property may be found. (10a)
ARTICLE 81.
EFFECT OF NON-CELEBRATION OF MARRIAGE UPON THE MARRIAGE SETTLEMENT

If the marriage does not take place, everything stipulated in the marriage settlement, including
donations between the prospective spouses made therein shall be void. The celebration of the
marriage is a condition sine qua non for the validity of the marriage settlement. The marriage is a
condition necessary to give birth to any right and obligation under the contract.

CHAPTER 2. Donations by Reason of Marriage
ARTICLE 82.
DONATION PROPTER NUPTIAS
Requisites:
1) Must be made before celebration of the marriage
2) Must be made in consideration of the marriage
3) Must be in favour of one or both of the future spouses
Not donations for donations propter nuptias:
1) Those made in favour of the spouses after the celebration of marriage
2) Those executed in favour of the future spouses but not in consideration of the
marriage
3) Those granted to persons other than the spouses even though they may be founded
on the marriage

ARTICLE 83.
DONATION PROPTER NUPTIAS
A special kind of donation and is limited only to a donation made before the celebration of the
marriage in consideration of the same and in favour of one or both of the future spouses.

ARTICLE 84.
LIMITATIONS
Such donation must not exceed one-fifth of the present property of the donor, if the property
regime agreed upon in the marriage settlement is other than absolute community. If donation
exceeds this limitation, only the excess is considered void, but the remainder remains valid.

ARTICLE 85.
DONATIONS SUBJECT TO ENCUMBRANCE Valid. Since a mere encumbrance does not divest the
donor of ownership of the property donated.

ARTICLE 86.
REVOCATION OF DONATION PROPTER NUPTIAS:
1) By reason of non-celebration of marriage
2) By reason of judicial declaration of nullity of marriage
3) By reason of annulment of marriage
4) By reason of legal separation
5) By reason of compliance of resolutory condition
6) By reason of acts of ingratitude

PRESCRIPTIVE PERIOD OF ACTION TO REVOKE
Article 64 (2). The action to revoke the donation under this Article must be brought within FIVE
YEARS FROM THE TIME THE DECREE OF LEGAL SEPARATION HAS BECOME FINAL.

The rules on ordinary donations likewise apply to donations propter nuptias insofar as they have
not been modified by the Family Code, it is submitted that the ONE-YEAR PRESCRIPTIVE PERIOD for
revocation of donations based on acts of ingratitude also applies to revocations of donation propter
nuptias under ARTICLE 86 (6). This one year prescriptive period is to be counted from the time the donor
had knowledge of the act and it was possible for him to bring the action for revocation.

ARTICLE 87.
OTHER PROHIBITED TRANSACTIONS
Article 1490 permits sale between spouses in two instances:
1) When a separation of property was agreed upon in the marriage settlements
2) When there has been a judicial separation of property under Article 191,



CHAPTER 3. System of Absolute Community
Section 1. General Provisions
ARTICLE 88-90.
REGIME OF ABSOLUTE COMMUNITY
ABSOLUTE COMMUNITY the spouses are considered co-owners of all property brought into
and acquired during the marriage which are not otherwise excluded from the community property either
by the provision of the Family Code or by the marriage settlement.

INSTANCES THAT WILL GOVERN:
1) When it is agreed upon the marriage settlement
2) When the spouse did not execute a marriage settlement
3) When the regime agreed upon the marriage settlement is void.

RULES GOVERNING ABSOLUTE COMMUNITY
If the regime of absolute community is provided for in the marriage settlement, the provisions of
the marriage settlement shall primarily govern the property relations of the spouses so long as the
agreement of the parties does not violate the mandatory provisions of the Family Code and is not contrary
to morals and public policy.

If the regime of absolute community applies to the spouses by default pursuant to the provisions
of Article 75 then the provisions of the Family Code on absolute community shall primarily govern and the
provisions of the Civil Code on co-ownership shall app in suppletory manner.

COMMENCEMENT OF THE ABSOLUTE COMMUNITY
Whether the regime of absolute community is agreed upon in the marriage settlement or applies
by default the same shall commence at the precise moment that the marriage is celebrated.

Any agreement between the spouses, express or implied that this regime shall commence at any
other time is VOID.

PROHIBITION ON WAIVER OF RIGHTS, INTEREST, SHARES AND EFFECTS
Case: Abalos vs. Macatangay, J r.
REMANENTE LIQUIDO (HABER GANANCIAL)
The interest of each spouse is limited to the net remainder or resulting from the liquidation of the
affairs of the partnership after its dissolution.

Section 2. What Constitutes Community Property
ARTICLE 91-93.
WHAT CONSTITUTES COMMUNITY PROPERTY
COMMUNITY PROPERTY the properties included in the regime of absolute community which
are co-owned by the spouses. EXCEPT for the properties excluded in Article 92:
1) Property acquired before the marriage by either spouse while has been excluded from the
absolute community in the marriage settlement
2) Property acquired during the marriage by gratuitous title by either spouse and the fruits as
well as the income
3) Property for personal and exclusive use of either spouse
4) Property acquired before the marriage by either spouse who has legitimate descendants by a
former marriage and the fruits as well as the income if any of such property.

PRESUMPTION IN FAVOR OF COMMUNITY PROPERTY
Article 93 provides that property acquired during the marriage is presumed to belong to the
community, unless it is proved that it is one of those excluded therefrom. Unlike in conjugal partnership
for the presumption in favor of community property should not be limited only to the properties acquired
during the marriage.


PROPERTY ACQUIRED DURING MARRIAGE BY GRATUITOUS TITLE
All properties except:
1) Those that acquired by gratuitous title by either spouse
2) Those for personal and exclusive use of either spouse
Requisites must concur:
1) Must be acquired during marriage
2) Must be acquired by either spouse
3) The donor, testator or grantor does not expressly provide that they shall form part of the
community property

PROPERTY FOR PERSONAL AND EXCLUSIVE USE
They are used in their ordinary meanings, examples are clothes, shoes. In express provisions,
jewelry shall be part of the community property.

PROPERTY ACQUIRED PRIOR TO THE MARRIAGE
All properties except:
1) Those excluded in the marriage settlement
2) Those for personal and exclusive use of either spouse
3) Those acquired by either spouse who has legitimate descendants by a former marriage

ARTICLE 94-95.
CHARGES AND OBLIGTIONS OF ABSOLUTE COMMUNITY
Liable for:
1) Support
The community property shall be liable for the support of the spouses, their common children and
legitimate children of either spouse in their previous marriage. Also the adopted child is entitled to
all rights and obligations provided by law to legitimate children without discrimination including
right to support.

2) All debts and obligations contracted during the marriage
a) Those contracted by the designated administrator-spouse for the benefit of the
community
b) Those contracted by both spouses
c) Those contracted by one spouse with the consent of the other
d) Those contracted by either spouse without the consent of the other to the extent that
the family may have been benefited

3) Ante nuptial debts
With respect to ante nuptial debts or debts contracted by either spouse prior to the marriage the
absolute community shall be liable only if it can be proven that such debt has redounded to the
familys and the burden of proving that such debt has redounded to the familys benefit lies with
the creditor claiming as such.

4) All taxes, liens, charges and expenses including major or minor repairs, upon the community
property
For taxes and expenses incurred during the marriage for the preservation of a separate property
of either spouse the same shall be chargeable to the absolute community if the separate property
is used by the family, otherwise the community is not liable.

5) All taxes and expenses for mere preservation made during marriage upon the separate property
of either spouse used by the family
6) Expenses to enable either spouse to commence or complete a professional or vocational course
or other activity for self-improvement
7) Ante nuptial debts of either spouse insofar as they have redounded to the benefit of the family
8) The value of what is donated or promised by both spouses in favor of their common children
9) Expenses of litigation between the spouses unless the suit is found to be groundless
OBLIGATIONS CHARGEABLE TO EXCLUSIVE PROPERTY:
a) Support of legitimate children of either spouse
b) Debts contracted by the designated administrator-spouse during the marriage which did not
benefit the community
c) Debts contracted during the marriage by either spouse without the consent of the other
d) Ante nuptial debt of either spouse
e) Taxes and expenses incurred during the marriage
f) Civil liability of ether spouse arising from crime or quasi-delict
g) Expenses of litigation between spouses
h) Losses during the marriage in any game of chance

Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property
ARTICLE 96-98.
ADMINISTRATION OF COMMUNITY PROPERTY
Situations that one of the spouses may assume sole powers of administration:
1) In the event that one spouse is incapacitated
2) During the pendency of a legal separation case, the court hearing the case may designate either
of the spouses as sole administrator of the absolute community
3) If the spouse without just cause abandon the other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the court for authority to be the sole administrator
of the absolute community.

DISPOSITION OF COMMUNITY PROPERTY
DISPOSITION OF SPOUSES INTEREST IN THE COMMUITY PROPERTY
Nemo dat qui non habet No one can give what he has not.

Section 5. Dissolution of Absolute Community Regime
ARTICLE 99-101.
ABSOLUTE COMMUNITY TERMINATES:
1) Upon the death of either spouse
2) When there is a decree of legal separation
3) When the marriage is annulled or declared void under Article 40
4) In case of judicial separation of property during the marriage under 134-138.

EFFECTS OF SEPARATION DE FACTO
GENERAL: Separation de facto refers to a situation where the spouses simply separate without the
benefit of a decree of legal separation. Since there is no decree of legal separation the separation de
facto DOES NOT produce the effects provided for in Article 63 of the Code.

Consequences:
1) The spouses retained the right of consortium because in the eyes of the law, they are not entitled
to live separately from each other unlike in legal separation where the spouses enjoy the right to
live separately from each other
2) The separation de facto does not likewise affect the regimes of absolute community or conjugal
partnership of gains
3) The spouses continue to be the legal heir of each other in intestate succession
4) There is neither a guilty spouse nor an innocent spouse

In case of separation de facto, however, judicial authorization may be obtained in a summary proceeding
when the consent of one spouse to any transaction of the other is required by law.

IN CASE OF ABANDONMENT
ABANDONMENT is the act of one spouse voluntarily separating from the other, with the intention of not
returning to live together as husband and wife, that continues for the length of time required by statute.


Effects:
1) The spouse who leaves the conjugal home or refuses to live without just cause shall not have the
right to be supported
2) The aggrieved spouse may petition the court for receivership, for judicial separation of property
3) The aggrieved spouse may petition for legal separation if the abandonment lasts for more than
one year.

Section 6. Liquidation of the Absolute Community Assets and Liabilities
ARTICLE 102.
PROCEDURE IN THE LIQUIDATION OF ABSOLUTE COMMUNITY:
1) An inventory shall be prepared, listing separately all the properties of the absolute community and
the exclusive properties of each spouse
2) The debts and obligations of the absolute community shall be paid out of its assets
3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivers to each
of them
4) The net remainder of the properties of the absolute community shall constitute it net assets,
which shall be divided equally between husband and wife unless a different proportion or division
was agreed upon in the marriage settlements.
5) The presumptive legitimes of the common children shall be delivered upon partition
6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the
majority of the common children choose to remain

NET ASSETS is what remains of the community property after payment of all the charges and obligations
for which the absolute community is liable.

NET PROFITS the absolute community represents the increase in the market value of and the market
value at the time of its dissolution but minus the charges and obligations for which the community is
liable.

COMPULSORY HEIRS legitime is that part of the testators property which he cannot dispose of because
the law has reserved it for certain heirs who are

ARTICLE 103-104.
TERMINATION OF MARRIAGE BY DEATH
Mandatory Liquidation of the Absolute Community
Upon the death of either spouse, the absolute community is terminated, in which case, the
community property may be liquidated in the same proceeding for the settlement of the estate of the
deceased.

NOTE: That the termination of the absolute community is different from its liquidation. TERMINATION is
produced ipso jure by any of the causes mentioned in Article 99. LIQUIDATION involves some positive
act on the part of the spouses or of the surviving spouse.

If the marriage is terminated by reason of the death of the either spouse, the liquidation of the
absolute community is mandatory. If upon the lapse of ON YEAR from the death of either spouse, no
liquidation is made the community property of the terminated marriage is declared by the law to be VOID.

In addition if the surviving spouse contracts a subsequent marriage without compliance with the
foregoing requirements, the subsequent marriage shall be governed mandatorily by a regime of complete
separation of property.

EFFECT UPON DISPOSITION OR ENCUMBRANCE OF COMMUNITY PROPERTY
The Code declares that if no liquidation of the absolute community is made within one year from the
death of the deceased spouse, any disposition or encumbrance involving the community property of the
terminated marriage shall be VOID.
MANDATORY REGIME OF COMPLETE SEPARATION
If there is no liquidation of the absolute community within one year from the death of the deceased
spouse and the surviving spouse contracts a subsequent marriage, a mandatory regime of complete
separation of property shall govern the property relations of the subsequent marriage, even if such
marriage is celebrated in the absence of a marriage settlement or even if the future spouses in such
subsequent marriage had agreed on absolute community or conjugal partnership of gains as their
property regime in a marriage settlement. Exception rule embodied in Article 75.

CHAPTER 3. CONJUGAL PARTNERSHIP OF GAINS
Section 1. General provisions
ARTICLE 105-108.
CONJUGAL PARTNERSHIP OF GAINS
Regime of Conjugal Partnership of Gains
A special type of partnership where the husband and wife pace in a common fund the proceeds,
products, fruits and income from their separate properties and those acquired by either or both spouses
through their efforts or by chance.
Rules Governing Conjugal Partnership of Gains
Commencement of the Conjugal Partnership of Gains
The Code expressly provides that the regime of conjugal partnership of gains can only commence at
the precise moment that the marriage is celebrated. Any agreement between the spouses, express or
implied, that this regime shall commence at any other time is void.

Section 2. Exclusive Property of Each Spouse
ARTICLE 109.
GENERAL: The conjugal partnership does not produce the merger of the separate property of each
spouse.

EXCLUSIVE PROPERTY IN CPG:
1) Property acquired before the marriage
2) Property acquired during the marriage by gratuitous title
3) Property acquired by redemption, barter or exchange
4) Property purchased with exclusive money

ARTICLE 110-112.
ADMINISTRATION OF EXCLUSIVE PROPERTY
It belongs to the owner although the same may be transferred to the other spouse either voluntarily or
upon order of the competent court for causes authorized under the law.

DISPOSITION OR ENCUMBRANCE OF EXCLUSIVE PROPERTY
Being the sole owner of his/her exclusive property the owner-spouse may mortgage, encumber, alienate
or otherwise dispose of it without need of obtaining the consent of the other spouse. Any action that
involves an exclusive property as its subject matter requires the participation only of the owner-spouse.

ARTICLE 113-114.
DONATION TO SPOUSE IN CPG
Spouses as joint Donees
If the property is donated or left by will to the spouses jointly and with designation of determinate
shares, the share of each in the said property shall be considered as his/her own exclusive
property.
Onerous Donations
Those where a burden or charges inferior in value compared to the property donated is imposed
of the donee.




ARTICLE 115.
RETIREMENT BENEFITS, PENSIONS, ANNUITIES, ETC.

Section 3. Conjugal Partnership Property
ARTICLE 116.
PRESUMPTION IN FAVOR OF CONJUGALITY
General Rule: All property acquired by the spouses, regardless of in whose name the same is registered,
during the marriage is presumed to belong to the conjugal partnership, unless it is proved that it pertains
exclusively to the husband or to the wife.

Application: It is not even necessary to prove the property was acquired with fund of the partnership. So
that when the property is shown to be acquired during the marriage, it is considered as conjugal
partnership.

ARTICLE 117-119.
CONJUGAL PARTNERSHIP PROPERTIES:
1) Property acquired during the marriage by onerous title
Two-tiered test may be applied in determining whether a property acquired during the marriage is
conjugal or exclusive:
i) The manner of acquisition test (whether gratuitous or onerous)
ii) In case of onerous acquisitions, the source of fund test (whether conjugal funds or exclusive
money)
If the property is acquired during the marriage by gratuitous title by either spouse, the property so
acquired is exclusive property. The foregoing rule does not apply to a property purchased on installments
by either or both spouses prior to the marriage but the payment thereof is completed only during the
marriage.

2) Property obtained from labor, industry, work or profession
Includes daily wages, periodic salaries, honorarium or fees in the practice of profession or income
from industrial, agricultural or commercial enterprise.
3) Property acquired through occupation
Occupation refers to the mode of acquiring ownership or dominion by the seizure of things
corporeal which have no owner and with the intention of acquiring them according to the rules laid
down by law.

Requisites:
1) There must be a seizure
2) There must be corporeal
3) There must be intention to appropriate
4) The things must not be owned by anybody
5) The rules laid down by the law must be fulfilled

4) Fruits and income of separate property
Net Fruits refer to the remainder of the fruits after deducting the amount necessary to cover the
expenses of administration of said exclusive property. The fruits referred to include natural
industrial and civil fruits.
Natural Fruits the spontaneous products of soil and the young and other products of animals.
Industrial Fruits those produced by lands of any kind through cultivation or labor
Civil Fruits the rents of building, the price of leases of lands and other property and the amount
of perpetual or life annuities or other similar income.

5) Livestock existing upon the dissolution of the partnership
6) Property acquired by chance
Such as winnings from gambling or betting, belongs to the conjugal partnership. However losses
therefrom shall be borne exclusively by the loser-spouse.

ARTICLE 120.
APPLICABILITY OF ARTICLE 120
Requisites:
1) The property is owned exclusively by one of the spouses
2) Said property has been the subject of an improvement, whether for utility or adornment
3) The improvements were made at the expense of the conjugal partnership or through the acts or
efforts of either or both spouses.

WHEN OWNERSHIP IS VESTED
The ownership over the entire property shall be vested in favor of the conjugal partnership or of the
owner-spouse only upon reimbursement.

Section 4. Charges Upon and Obligation of the Conjugal Partnership
ARTICLE 121-123.
Absolute separation of capitals a complete independence of the capital account from the account of
benefit pertaining to the conjugal partnership all of which constitutes an unsurmountable obstacle to the
presumption of solidarity between spouses.

Section 5. Administration of the Conjugal Partnership Property
ARTICLE 124-125.
General: The husband is the administrator of the conjugal partnership property. The husband is the sole
administrator. The wife is not entitled as of right to joint administration. Then the Family Code changed
the rule. The administration and enjoyment of the conjugal partnership belongs to both spouses jointly,
but in case of disagreement the decision of the husband shall prevail.

Sole Power of administration in the following instances:
1) In the event that one spouse is incapacitated
2) During the pendency of a legal separation case
3) If a spouse without just cause abandons the other or fails to comply with his/her obligations to the
family

Alienation the transfer of the property and possession of lands, tenements or other things from one
person to another
Encumbrance every right to or interest in the land which may subsist in third persons to the diminution
of the value of the land, but consistent with the passing of the fee by the conveyance; or any act that
impairs the use or transfer of property or real estate, which includes not only lies such as mortgages and
taxes, but also attachment, leases, inchoate dower rights, water rights, easements, and other restrictions
to use.

DISPOSITION OR ENCUMBRANCE OF CONJUGAL PROPERTY
a) Rule under the Civil Code
b) Rule under the Family Code

Section 6. Dissolution of Conjugal Partnership Regime
ARTICLE 126-128.
CAUSES OF TERMINATION OF THE CPG - 114 and 115

Section 7. Liquidation of Conjugal Partnership Assets and Liabilities
ARTICLE 129.
PROCEDURE IN LIQUIDATION OF CPG - 116

ARTICLE 130.
TERMINATION OF MARRIAGE BY DEATH - 117

ATICLE 131-133.

CHAPTER 5. SEPARTION OF PROPERTY OF THE SPOUSES AND ADMINISTRATION OF COMMON
PROPERT BY ONE SPOUSE DURING THE MARRIAGE
ARTICLE 134.
SEPARTION OF PROPERTY, WHEN MAY IT TKE PLACE
Following instances:
1) When the future spouses have agreed in the marriage settlements that their property relations
during marriage shall be governed by the regime of separation of property.
2) When the previous marriage has been terminated by death of one of the spouses
3) Upon the finality of a decree of legal separation
4) When the court approves the joint petition of the spouses for the voluntary dissolution of the
absolute community
5) When the court decrees the separation of property of the spouses following the petition of one of
the spouses for such separation

ARTICLE 135.
SEPARATION OF PROPERTY FOR SUFFICIENT CAUSE
Two ways:
1) By filing a petition for legal separation
2) By filing a petition for separation of property, either voluntarily or for sufficient cause
Deemed sufficient causes for separation of property:
1) That the spouse of the petitioner has been sentenced to penalty which carries civil interdiction
2) That the spouse of the petitioner has been judicially declared as absentee
3) That loss of parental authority of the spouse of petitioner has been decreed by the court
4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her
obligations to the family
5) That the spouse granted the power of administration in the marriage settlements has abused that
power
6) That at the time of the petition the spouses have been separated in fact for at least one year and
reconciliation is highly improbable.

CIVIL INTERDICTION an accessory penalty imposed upon an accused who is sentenced to a principal
penalty not lower than reclusion temporal which is a penalty ranging to 12 years and 1 day to 20 years.

Rights:
1) Right to dispose of his property by act inter vivos
2) Marital rights
3) Parental authority
4) Guardianship of any ward
5) Management of his property

SEPARATION IN FACT
Separation in fact between the spouses does not bring about a regime of separation of property. However
when the spouses have been separated in fact for at least one year and reconciliation is highly
improbable either of the spouses may petition for separation of property.

ARTICLE 136.
VOLUNTARY SEPARATION OF PROPERTY

ARTICLE 137-140.
EFFECTS OF DECREE GRANTING SEPARATION OF PROPERTY






ARTICLE 141.
REVIVAL OF PREVIOUS PROPERTY REGIME
a) When the civil interdiction terminates
b) When the absentee spouse reappears
c) When the court being satisfied that the spouse granted the power of administration in the
marriage settlements will not again abuse that power
d) When the spouse who has left the conjugal home without a decree of legal separation resumes
common life with the other
e) When parental authority is judicially restored to the spouse previously deprived thereof
f) When the spouses who have separated in fact for at least one year, reconcile and resume
common life

ARTICLE 142.
TRANSFER OF ADMINISTRATION OF EXCLUSIVE PROPERTY
1) When one spouse becomes the guardian of the other
2) When one spouse is judicially declared an absentee
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 a criminal case

CHAPTER 6. REGIME OF SEPARATION OF PROPERTY
ARTICLE 143-146.
REGIME OF COMPETE SEPARATION OF PROPERTY
Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate
property, whether acquired prior to the marriage or during the marriage without need of the consent of
the other.

CHAPTER 7. PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
ARTICLE 147-148.
General: Except for a marriage that is declared VOID under Article 40 of the Code, the applicable
property regime in a void marriage is not absolute community or conjugal partnership of property. In a
void marriage regardless of the cause thereof, the property relations of the parties during the period of
cohabitation is governed by the provisions of Article 147 or Article 148 such as the case may be of the
Family Code.

PROPERTY REGIME UNDER ARTICLE 147
a) Applicability
Article 147 applies when man and woman, suffering no legal impediment to marry each other, so
exclusively live together as husband and wife under a void marriage or without the benefit of
marriage.

1) Must be capacitated to marry each other
2) Live exclusively with each other as husband and wife
3) Their union is without the benefit of marriage or their marriage is void

CAPACITATED refers to the legal capacity of a party to contract marriage

b) Distribution of Properties

1) With respect to their wages and salaries, the same shall be owned by them in equal shares
even if only one party earned the wages and the other did not contribute thereto.
2) The property acquired by both of them through their work or industry shall be governed by the
rules on co-ownership.
3) When only one of the parties to a void marriage is in good faith, the share of the party in bad
faith in the co-ownership shall be forfeited in favor of their common children.


c) Prohibition in Alienation of Share
In an ordinary co-ownership, any of the co-owner has the right to dispose or alienate his aliquot or
ideal share in the co-ownership without need of getting the consent of the other co-owners.

Instances that a party may dispose his/her share in the co-ownership:
1) If the disposition is by way of acts mortis causa
2) Even if the disposition is by way of acts inter vivos, if the same is with the consent of the
other party

PROPERTY REGIME OF ARTICLE 148
a) Applicability

Refers to the property regime of bigamous marriages, adulterous relationships, relationships in a
state of concubinage, relationships where both man and woman are married to other persons,
multiple alliances of the same married man.

Applies when the common-law spouses suffer from a legal impediment to marry or when they do
not live exclusively with each other as husband and wife.

b) Distribution of Properties
1) Wages and salaries earned by each party belong to him or her exclusively
2) Only the property acquired by both of them through their actual joint contribution of money,
property or industry shall be owned in common and in proportion to their respective
contributions.
3) The share of the party validly married to another shall accrue to the property regime of such
existing marriage.
4) If the party who has acted in bad faith is not validly married to another, his or her share shall
be forfeited in the manner already expressed.