Beruflich Dokumente
Kultur Dokumente
Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements
(2) By the provisions of this Code
(3) By the local custom.
Marriage Settlement
Must be in writing (private or public) for validity
Registered in Local Civil Registry where the marriage contract is recorded
Registered in the Proper Registries of Property
If below 21, must be with parental consent
Application of ACP
At the time of marriage, Husband had P 100, Wife had P 10
When marriage is dissolved the next day, Husband has P 55 left
Wife has 55 also (100 + 10)/2
In case of disagreement
The husband's decision shall prevail
Subject to recourse to the court by the wife for proper remedy
Within 5 yrs from date of contract
Steps in Liquidation
1. Inventory
Three lists
a. Inventory of community property
b. Inventory of separate property of the wife
c. Inventory of separate property of the husband.
2. Payment of Community Debts
- First, pay out of community assets
- If not enough, husband and wife are solidarily liable with their separate property
3. Delivery to each spouse his or her separate property if any.
4. Division of the net community assets
NOTE: There are special rules regarding the family home.
5. Delivery of presumptive legitimes if any to the children
Application of CPG
At the time of marriage, husband had P100 and wife had P10
When marriage is dissolved the next day, Husband will have P100 and Wife will have P10
When marriage dissolved sometime later and value of Asset is already P 160
- Husband has P 125 (100 + 50% of 50)
- Wife has P 35 (10 + 50% of 50)
Excluded Properties
Property brought to the marriage as his or her own
Property which each spouse acquires during the marriage by gratuitous title
- Fruits and income from such property shall however be conjugal
Property which is acquired by right of redemption, by barter or exchange with property belonging to
only one of the spouses
Property which is purchased with exclusive money of the wife or of the husband
2.
3.
4.
5.
6.
7.
8.
Division
Family Home
Dwelling house where the family reside, and the land on which it is situated
Deemed constituted at the time it is occupied
Exempt from Levy, Attachment, Execution
Shall not exceed P300,000 in urban areas
In dissolution, shall be adjudicated to the spouse with whom the majority of the common children
choose to remain
May not be sold, alienated, donated, assigned or encumbered without the written consent of the
person, the spouse, and a majority of the beneficiaries of legal age
Shall continue for 10 yrs after death of one of the spouse or so long as there are minor beneficiaries.
DEFECTIVE MARRIAGES
Subsequent Marriage based on Presumptive Death
Spouse have been absent for 4 consecutive years.
Well-founded belief that absent spouse already died
Summary Proceedings for declaration of presumptive death
Void Marriages
One party less than 18 years of age
No authority of solemnizing officer
No Marriage License
No Marriage Ceremony
Subsequent Marriage
Declaration by the Court
A partition and distribution of the properties of the spouses
The delivery of the childrens presumptive legitime
The recording of the judgment of nullity with the appropriate civil registry and registries of property
Homosexuality/Lesbianism
Unnatural affection toward the same sex to the extent that having relations with the other sex is
repugnant
Refers to sexual identity, does not need actual intercourse
Must be concealed
Criminal Prosecution
Threat of filing rape charge, or other criminal complaint, not intimidation contemplated.
But if charge of immorality subject of threat was false, then can be annulled
Time to File
Can be filed by the injured party
Within 5 yrs from discovery of fraud or from time the force, intimidation, or undue influence
disappeared or cease
Legal Separation
Does not affect Marital Status
No severance of the vinculum
Grounds
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner
- If bodily harm, frequency not severity is determinative
- If grossly abusive conduct, not necessary to be frequent
Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
- Does not have to be repeated
- Only if its against petitioner
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement
- Mere attempt sufficient
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned
Drug addiction or habitual alcoholism of the respondent
Lesbianism or homosexuality of the respondent
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or
abroad
Sexual infidelity or perversion
- A single act is enough
- No conviction required
- Perversion includes activities with spouse
Attempt by the respondent against the life of the petitioner
Mere attempt enough, no conviction required
Abandonment of petitioner by respondent without justifiable cause for more than one year
(5) Where there is collusion between the parties to obtain decree of legal separation;
(6) Where the action is barred by prescription.
(7) Death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio)
(8) Reconciliation of the parties
Things to note:
Cooling-off period can only try the petition for legal separation after 6 months from filing
- No hearing on the main issue but the court may hear incidental issues
Steps taken toward the reconciliation of the spouses and is fully satisfied
Void
Psychological
Incapacity
Voidable
Legal
Separation
Property
Relation
Rule on
Co-ownership
Dissolution of
ACP/CPG
Dissolution of
ACP/CPG
Separation of
Property
Status of
Children
Illegitimate
Legitimate
Legitimate
Legitimate
Prescription
Never Prescribe;
Can be attack
collaterally
During lifetime of
spouses; Directly
attack
5 years from
marriage or from
discovery; Directly
attack
5 years from
occurrence of
cause
Succession in a Nutshell
By Justice Alicia Sempio-Diy
Definition of Succession
Parties
Intestate Succession
Legal succession
When a person dies without a will
When heirs named in the will are incapable of succeeding
Presumes what would have been his last wishes
Basic Rules
Right of Representation
Right created by legal fiction by virtue of which the representative is raised to the place and degree of
the person represented and acquires the rights which the latter would have if he were living.
Acceptance and Repudiation
Collation
Defined Computing or adding certain values to the estate of properties those given by
donation or gratuitous title to compulsory heirs except to spouse
Purpose, to compute legitime, and determining free portion
Only value of thing at the time of donation is brought to collation
Testamentary Succession
Two Kinds of Wills
Holographic Will
o Entirely handwritten, dated and signed in language known to testator
Notarial Will
o In writing
o Signed in presence of 3 witnesses, attested and subscribed
o Pages consecutively numbered
o Notarized with attestation clause
Joint Wills
Legitime
That part of the testators estate which he cannot dispose of because the law has reserved it for
compulsory heirs
Table of Legitime
LC - Legitimate Children
IC - Illegitimate Children
LP - Legitimate Parent
SS - Surviving Spouse
IP - Illegitimate Parent
Scenarios
1 LC + SS
2 1 LC+ SS
3 LC + IC
4 LC + IC + SS
5 1 LC + IC + SS
6 LP Only
7 LP + SS
8 LP + IC
9 LP + IC + SS
= share of a
child
1/4 of
Estate
= share of a
child
1/4 of
Estate
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate
1/2 of
Estate
12 SS only
13 SS only in Articulo Mortis
1/2 of
each LC
1/2 of
each LC
1/2 of
each LC
1/4 of
Estate
1/8 of
Estate
10 IC only
11 IC + SS
1/3 of
Estate
1/2 of
Estate
1/3 of
Estate
1/4 of
Estate
1/4 of
Estate
1/2 of
Estate
1/3 of
Estate
1/2 of
Estate
14 IP only
1/2 of
Estate
15 IC + IP
16 IP + SS
Illegit
Parents
1/4 of
Estate
None
1/4 of
Estate
AN OUTLINE IN INTESTACY
1. Legitimate children only
- entire estate equal division (979)
The adopted child shall be deemed to be a legitimate child and have the same rights as the
latter. But these rights do not include the right of representation. The relationship created by
the adoption is between only the adopting parents and the adopted child and does not extend
to the blood relatives 0? either party. (Sayson V. CA)
2. Legitimate children and illegitimate children
entire estate, with each illegitimate child getting 1/2 of what legitimate child gets (983 & 176
[Family Code])
3. Legitimate children and surviving spouse
- entire estate, divided equally (the spouse is deemed one child) [996]; the same rule holds
even if there is only one legitimate child.
"Children" as used in 996 is interpreted to include a situation where there is only one child.
There is a rule in statutory construction that the plural include the singular. (Santillon V.
Miranda)
4. Legitimate children, surviving spouse and illegitimate children
entire estate, spouse deemed one Legitimate child and each illegitimate child getting of
what the legitimate child gets (999 and 176[Family Code])
5. Legitimate parents, only
entire estate divided equally (985)
6. Legitimate ascendants only (not parents)
entire estate, divided equally but with observance of the rule of division by line (987)
7. Legitimate parents and illegitimate children
Legitimate parents get 1/2 of the estate; illegitimate children the other 1/2 (991)
8. Legitimate parents and surviving spouse
Legitimate parents get 1/2 of the estate; Spouse gets the other 1/2 (997)
9. Legitimate parents, surviving spouse and illegitimate children
Legitimate parents get 1/2 of the estate; spouse and the illegitimate children get each each.
The latter to share amongst themselves if more than 1) [1000)
10. Illegitimate children only
entire estate, divided equally (988).
11. Illegitimate children and surviving spouse
Illegitimate children get 1/2 of the estate; the spouse gets the other 1/2
12. Surviving spouse only
Entire estate (994/995)
13. Surviving spouse and illegitimate parents
Parents get 1/2 and the spouse gets the other 1/2 (by analogy with 997)
14. Surviving spouse and legitimate brothers and sisters, nephews and nieces
Spouse gets 1/2 of the estate, while the rest gets the other 1/2 with the nephews and nieces
inheriting by representation if proper (1001)
l5. Surviving spouse and legitimate brothers and sisters, nephews, and nieces
Spouse gets 1/2 of the estate while the rest gets the other 1/2 with the nephews and nieces
inheriting by representation if proper; note that all the other relatives should be "illegitimate"
because of the successional bar rule. (994)
There is no reciprocal succession between legitimate and illegitimate relatives. The rule is
based on the theory that the illegitimate. child is disgracefully looked upon by the legitimate
family while the legitimate family is, in turn, hated by the illegitimate child (Corpus V.
Administrator)
An illegitimate child has no right to inherit at intestate from the legitimate children and
relatives or his father. (Leonardo V. CA)
It is clear from Article 992 that the phrase "legitimate relatives of his father or mother
includes all the kindred of the person spoken of (Diaz V. AC)
16. Illegitimate parents only
Entire estate
17. Illegitimate parents and children of any kind
Illegitimate parents do not inherit; for the rule on the children, cf. Numbers 1, 2 or 10,
whichever is applicable.
18. Legitimate brothers and sisters only
Entire estate, with the full blood and half-blood distinction (1004 and 1006)
19. Legitimate brothers and sisters, nephews and nieces
Entire estate, but observe the 2 to 1 ratio for full and half-blood relationships with respect to
the brothers and sisters, with the nephews and nieces inheriting by representation if proper
(1005/1008)
20. Nephews and nieces only
Entire estate per capita, but observe the 2:1 ratio
21. Other collaterals
Entire estate, per capita with observance of basic rules
22. State
Entire estate
Reserva Troncal
Revocation of Wills
Preterition
The omission of one, some, or all of the compulsory heirs in the direct line,
Whether living at the time of the execution of the will or born after the death
Shall annul the institution of heir
But shall not render invalid devises and legacies
Disinheritance
For Children
o Refusal to support testator;
For Parents
o Refusal to support children, and descendants
For Spouse
o Refusal to support spouse or children
Parents who abandoned their children, or induce daughter to lead corrupt or immoral life, or
attempted against their virtue
Loss of parental authority
Refusal without justifiable cause to support testator and descendants
Attempt by one parent against life of the other, unless reconciled
Subsequent reconciliation between the offender and offended renders ineffectual any
disinheritance
If reconciliation occurs before disinheritance, right to disinherit extinguish
Children and descendants of the disinherited child, spouse shall take his place and preserve
the rights of compulsory heirs
But disinherited parent shall not have usufruct or administration of property
Incapacity to Succeed
Priest who heard testator confession during his last illness or the minister of the gospel who
extended spiritual aid to him during the same period;
Relatives of such priest or minister within the fourth degree, the church, order, chapter,
community, organization, or institution;
Guardian as to ward before final accounts of guardianship (except if ascendant, descendant,
brother, sister or spouse);
Attesting witness to execution of the will, his spouse, parents, or children, or anyone claiming
under such witness, spouse, parents, or children;
Physician, surgeon, nurse, health officer, or druggist of the last illness;
Individuals, associations, corporations not permitted by law to inherit.
Those prohibited under 739 Void Donation
o Persons guilty of concubinage or adultery
o Persons guilty of same criminal offense, in consideration thereof
o Made to public officer or wife, descendant, ascendant, by reason of his office
Parents who abandoned their children, or induce daughter to lead corrupt or immoral life, or
attempted against their virtue;
Person convicted of attempt against life of testator, spouse, descendants, ascendants;
Person accused testator of crime with imprisonment of 6 years or more, if accusation found
groundless
Heir of full age who fail to report to an officer of the law within one month the violent death
of testator;
Person convicted of adultery or concubinage with spouse of testator;
Person who by fraud, violence, intimidation or undue influence causes testator to make a will
or to change one;
Person who prevents making of will or revoking one or supplants, conceals or alters one;
Person who falsifies or forges a supposed will.