Semi-Finals for Persons and Family Relations

Memory Aid for Persons and Family

Relations
Article 68-73: Essential Marital Obligations

DUTY OF THE SPOUSES

a.

The husband and wife are obliged to live together,

observe mutual love, respect and fidelity and render
mutual help and support.
-

b.
c.

d.
e.

f.

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.

The husband and wife shall fix the family domicile; in

case of disagreement, the court shall decide.
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.

After
August 3, 1988:
The default property regime is the Absolute
Community Property Regime.

The management of the household shall be the right

and duty of both spouses.
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.
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.

Before
August 3, 1988:
The default property regime is the Conjugal
Partnership of Gains.

In case of Disagreements:
The court shall decide:

Whether or not the objection is proper

For Liabilities w/out consent from the other spouse:

If benefit has accrued to the family prior to the

Article 74-77: Marriage Settlement

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 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.

MARRIAGE SETTLEMENT

Property Relation that will govern the Married Couple

a. Marriage settlements executed before the marriage
b. Provision of the Family Code: Absolute Community
of Property Regime
c. 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.

Article 66 and 67 refers to the revival of the former

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.

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.

Different Property Regime that Parties may use:

Voluntary Separation of Property

Absolute Community of Property

Conjugal Partnership of Gains

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.

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.

What will happen if the surviving

spouse did not liquidate the properties and he/she subsequently
contracted a second marriage?

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.
-

Involuntary Separation of Property

Regime

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.

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

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.
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.

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.

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 settlements

2. A property regime other than the absolute
community of property
3. 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-bespouse.
5. The donation must comply with Title III of Book
III of the Civil Code.

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 theory
Exception:
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.

General 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.

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:

DONATION PROPTER NUPTIAS

Article 82-85: Donations Propter Nuptias

Donor:
a.
b.
c.

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.

Article 81: Effect of Non Celebration of Marriage

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.

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.

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 donee

Revocation 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.

Spouse
Prospective Spouse
Third Person

No one is compelled to accept the generosity

of another

3.

If he unduly refuses him support when the donee is

legally or morally bound to give support to the
donor.

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.

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 donation

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.

Example: 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.

Article 91-92: What constitutes community property?

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.

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.

SYSTEM OF ABSOLUTE COMMUNITY

Article 88-90: General Provisions for Absolute Community

Properties Excluded in the Community under Article 92:

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:

1.

2.

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.
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 value

3.

Those acquired before the marriage by either

spouse who has a legitimate descendant by a
former marriage.

community property and to be deducted to the share of

the spouse upon liquidation of the absolute community.

4. Those that are expressly excluded in the marriage

settlement.

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.
Debts and obligations contracted by either spouse
without the consent of the other to the extent that the
family may have been benefited.
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.

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.

3.
4.

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.

5.

6.

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.

7.

8.
9.
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?

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.
Ante-nuptial debts of either spouse in so far as it
redounded to the benefit of the family is chargeable to
the community.
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.
Expenses of litigation between spouses unless the suit is
found to be groundless.
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.

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 Community

1.

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.

The support of the spouses, their common children and

legitimate children of either spouse.

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 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

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.

Article 99-100: Dissolution of Absolute Community Regime

Instances of the Termination of the Absolute

Community
1. Death of either spouse
2. There is a decree of legal separation
3. The marriage is declared annulled or declared void
4. 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.

PNB vs. Court of Appeals 153 SCRA 435

If 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.

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.

Effect to the spouse who abandons the family without

just cause or fails to comply with his/her obligations to
the family:
1. Receivership
2. Judicial separation of property
3. Appointment as sole administrator of the absolute
community

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.

Abando
nment
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

A spouse cannot donate to a third person

a community property without the consent of the
other spouse

give any information as to his or her whereabouts

shall be prima facie presumed to have no intention
of returning to the conjugal dwelling.

children. Thus, the surviving spouse cannot sell an absolute

community property except with the consent and conformity
of the children.

Article 102-104: Liquidation of the Absolute Community Assets

and Liabilities

CONJUGAL PARTNERSHIP OF GAINS

Procedure 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 94
3. The remaining exclusive properties of the spouse shall
be delivered to each of them
4.

5.

6.

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.

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.
The presumptive legitimes of the common children
shall be delivered upon partition, in accordance with
Article 51
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.

c.

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.

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.

Article 109: Exclusive Property of Each Spouse

Marigsa vs. Macabuntoc, 17 Phil 107

Upon 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

The owner spouse can dispose, alienate or encumber

his/her exclusive property without the consent of the
spouse or administering spouse

Properties owned by either

spouse before the marriage.

Properties acquired during the

marriage by gratuitous title.

If an exclusive property is involved in a litigation,

only the owner spouse will litigate and need not
include the other spouse

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 donated or left by will to either of the

spouses during the marriage, shall pertain to the
donee-spouse as his own exclusive property

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.

A spouse shall retain the ownership, enjoyment and

administration of his/her exclusive properties

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:

RULES IN HANDLING THE EXCLUSIVE PROPERTIES IN A

CONJUGAL PARTNERSHIP REGIME

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:

Article 110-115: Ownership, Enjoyment and Administration of

Exclusive Properties

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.

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 it is acquired gratuitously during the marriage

then it is exclusive.
If acquired onerously, then it is conjugal.

Article 116-120: Conjugal Partnership Property

General 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.

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.

 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.

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.

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 282

It 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.

1.

CONJUGAL PARTNERSHIP PROPERTIES

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 1

The 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.

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

Lilius vs. Manila Railroad Co. 62 Phil 56

The 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.
4.
5.

6.
7.

Effects if improvements are

introduced to a land belonging to either spouse is taken
from the conjugal partnership:

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.
Those acquired through occupation such as fishing or
hunting.
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.
Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse.
Those acquired by chance, such winnings from
gambling or betting. However, losses shall be borne
exclusively by the loser-spouse.

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:

If the land has more value than the improvements

introduced:

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.
The land and the improvement made upon it shall
belong to the exclusive property of the spouse
who originally owned the land. However, ownerspouse 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

A 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.

buyer after fully payment thereof.

Article 121- 123: Charges upon and Obligations of the Conjugal
Partnership

Liabilities of the Conjugal Partnership:

Sps. Buado vs. Court of Appeals G.R. No. 145222

The 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.

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.

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

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.

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.

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.

Sale with
knowledge but without approval

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, 1998

10

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.

b.
c.

Fuentes vs. Roa G.R. No. 178902, April 21, 2010

If 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.

Demand for judicial separation of property

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.

Melania Roxas vs. Court of Appeals, G.R. No. 92245

The 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.

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 marriage

General 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 126-128: Dissolution of Conjugal Partnership Regime

Article 135: Grounds for Judicial Separation of Property
TERMINATION OF CONJUGAL PARTNERSHIP

1.

Sufficient Cause for Judicial Separation of Property:

Death of either spouse

1.

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.

3.

2.
3.

When there is a decree of legal separation

4.

The conjugal partnership is terminated by express

provision of the law.

5.

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.

6.

The spouse of the petitioner has been sentenced to a

penalty which carries with it civil interdiction.
The spouse of the petitioner has been judicially
declared an absentee.
The loss of parental authority of the spouse of the
petitioner has been decreed by the court.
The spouse of the petitioner has abandoned the latter
or failed to comply his/her obligations with the family.
The spouse who has been granted with the power of
administration in the marriage settlement has abused
the power.
At the time of the petition, the spouses has been
separated in fact for at least 1 year and reconciliation is
high improbable.

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.

a.

The spouse who left the conjugal dwelling without just

cause will no longer be entitled to support from the
abandoned spouse.
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.
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.
In case of insufficiency of the conjugal partnership, the
exclusive property of the spouses is solidarily liable for
the support of the family.

CONSEQUENCES OF A DE FACTO SEPARATION

b.

c.

d.

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.

REMEDIES OF THE PRESENT SPOUSE DUE TO ABANDONMENT

a.

Petition the court for receivership

11

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.
When the separation of property is
based on the ground enumerated on Article 135 and the said
grounds no longer exists:

Article 136: Voluntary Separation of Property

The spouses may jointly file a verified petition in court for

the dissolution of their property regime

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 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.

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.

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.

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

Article 142: Administration of Exclusive Properties

General 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.

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:

REGIME OF 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.

Article 143-146: 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.

Article 141: Revival of the Former Property Regime

12

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.

e.

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.

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.

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.

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.

his/her previous marriage before contracting a

subsequent one.
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, 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.

Article 147-148: Property Regime of Union without Marriage

Termination of Cohabitation in case of bad faith by one

party for Article 147 and 148:

a.
b.
-

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.

c.

Article 147: When a man and woman capacitated to

marry, live exclusively with each as husband and wife
or under a void marriage:

His or her share in the co-ownership shall forfeited

in favor of their common children.
In case of default or waiver of the common
children, his/her share shall go to his surviving
descendant.
In the absence thereof, shall belong to the innocent
party.

Valdes vs. RTC, 260 SCRA 221

A 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.

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 Incapacity
b.
Void due to absence to legal capacity to marry
c.
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
-

Alain M. Dio vs. Ma. Caridad Dio, G.R. No. 178044

The void marriages under Article 36 of the Family Code is

one of the void marriages referred to in Article 147 where coownership 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

13

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.

14

***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