Grounds

F
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1.

2.

Sentenced with a penalty of civil

interdiction

Judicially declared and absentee

Separation of Property
Separation (Art 138)
Deprives the offender of
a. parental authority,
b. guardianship (persons, or property)
c. marital authority
d. management of property including disposal
2 years without any news about the absentee.
5 years left a person in charge of the administration
however, shall not take effect until 6 months after the publication in a
newspaper of general circulation.
People who may declare as an absentee
a. spouse
b. heirs
c. relatives who will benefit in intestacy
Against common, legitimate or illegitimate children (law does not
distinguish)
To protect the share of the innocent spouse
Abuse = malice, bad faith and culpable negligence
Failure to comply with marital obligations
a. Marital
b. Parental
c. Property
Left the conjugal home without just cause w/o the intention of returning
Prima facie is 3 months
Willful disregard of the interests of the partnership
Evidenced by repetition of acts
** mere refusal or failure to inform the spouse is not an abuse

Revival (Art 141)

Procedure for Revival

Civil interdiction terminates

Reappearance of absentee spouse

3.

Loss of parental authority decreed

by the court

4.

Abandonment

5.

Abuse of Administration

6.

Separation in fact of more than 1

year and reconciliation is highly
improbable

Mere agreement of the spouses

No chance of reconciliation

Reconciliation
common life

(Art 136)
Voluntary dissolves property regime
with a court approval

Must be with court approval

No need for a reason for conversion as long as it is not against public
policy
Separation must be equal (unless specified)
Creditors must be listed & notified

Can revive to former property

regime only once.

7.

Arcilla, Alexandra : Persons Table

Parental
restored

authority

is

judicially

Executed under oath:

1. properties
to
be
contributed fall under the
new regime
2. those to be retained as
separate properties
3. name of all their
creditors, addresses and
amounts owing to each.

Returns to the family should be w/o

a decree of legal separation

Granted by court, the spouse will not

abuse the power again
and

resume

to

Only once
**Cannot ask
separation

for

second

ACP
Included
Art 91: All properties owned by the spouses at the
time of the marriage
(before and during the marriage)

Art 93: Property acquired during the marriage is

presumed to be included in the community property
unless proven that its excluded.

CPG
Excluded

Included
Art 116: All properties acquired during the marriage even
though it was registered in the name of either spouse
(only during the marriage)
Art 135: (OLF-HFLC)
1.
onerous title
2.
obtained from labor, work, profession and industry
3.
fruits, natural, industrial and civil due and received
during the marriage, including the net profits from
exclusive property
4.
share from hidden treasure
5.
Fishing and hunting
6.
Livestock in excess of what was brought to the
marriage
7.
Acquired by chance however losses are borne
exclusively of the loser spouse.
Art 115:

Pensions

Insurance if proven that the spouse used conjugal

funds and separate funds (will be divided equally
according to the contributions)
CHARGES (ACP = Art 94 ; CPG Art 121 & 122)

Art 92:
1.
acquired during the marriage from gratuitous
title including its
a.
fruits
b.
income
2.
exclusive and/ or personal property. Except
for jewelries
3.
Property acquired before the marriage who
has legitimate descendants from a former
marriage including its fruits and income

Excluded
Art 110: Property acquired before the marriage.
However during the marriage may transfer the administration of
their exclusive property by means of public instrument in the
public registry where the property is located

Art 115: Gratuity or acquired through gratuitous title (LB: Art 92)

Support of the spouses, their common children, and legitimate children of either spouse
For illegitimate children, support from separate property of person obliged to give support. In case of
insufficiency or absence of separate property, ACP shall advance support, chargeable to share of parent upon
liquidation

For illegitimate children, support from separate property of person obliged to give support. In case of insufficiency or absence of
separate property, CP shall advance support, chargeable to share of parent upon liquidation, but only after obligations in Art. 121
have been covered

Debts and Obligations Contracted During Marriage

a.
By the administrator spouse designated in MS/appointed by court/one assuming sole administration
b.
By one without the consent of the other
c.
By one with the consent of other
d.
By both spouses
**For (a) and (b), creditor has burden of proving benefit to family and ACP/CPG chargeable to extent of benefit proven, otherwise, chargeable to separate property of obligor spouse
**For (c) and (d), benefit to family presumed
All taxes, liens, charges and expenses including minor repairs upon ACP or CP
Taxes and Expenses for mere preservation during marriage upon separate property of either spouse used by Taxes and Expenses for mere preservation during marriage upon separate property of either spouse, regardless of whether used
family
by family because use and enjoyment of separate property of the spouses belong to the partnership
Expenses to enable either spouse to commence/complete a professional, vocational or other activity for self- improvement
Value donated/promise by both spouses in favor of common legitimate children for exclusive purpose of commencing or completing professional or vocational course or other activity for self-improvement
Expenses of litigation between spouses unless suit found to be groundless
Ante-Nuptial Debts Chargeable to ACP if redounded to benefit of family
General Rule: Same as ACP but in case of insufficiency separate properties and obligations mentioned in Art 121 shall be
Personal debts not redounding to benefit of family such as liabilities incurred by reason of crime or quasi-delict, satisfied before it is charged in the conjugal properties
chargeable to separate property of debtor spouse
In case of insufficiency of separate property, chargeable to ACP but considered advances deductible from Excluded: Personal debts, fines and indemnities contracted before the marriage
share of debtor-spouse upon liquidation
Exception: when the family benefitted

Arcilla, Alexandra : Persons Table

Art 147

Art 148
Property Regime

Co- ownership

Limited Co-ownership
Requirements:
Same as 147 but WITH legal impediments
1. Man and woman capacitated to marry each other
Under void marriages
2. Living exclusively as husband and wife
a. Adulterous
3. Without the benefit of marriage
b. Bigamous or polygamy
4. WITHOUT any legal impediments
c. Incestuous (Art 37)
d. Void under public policy (Art 38)
Salaries and Wages
Separately owned.
Equal Shares
(If married his/her salary will go to the community property of the valid marriage)
Property acquired exclusively
Belongs to the individual subject of proof that the money used was from the exclusive funds
Belongs exclusively to the individual
Properties acquired through work and industry
Co- ownership or Joint either spouse may alienate in favor of the other spouse
Equal shares based on the actual joint contributions
**Except fruits from separate property (exclusive of the owner spouse)
Properties bought while living together
Presumed to be obtained by their joint efforts, work, or industry and shall be owned by them in equal shares.
Efforts in care and maintenance of family and household considered contribution in acquisition.
Note: Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired
during cohabitation and owned in common without the consent of the other until after the termination of their
cohabitation.

Presumed to be equal. Proofs may be shown that their contributions were not equal. Without proof there can
be no presumption of co-ownership and equal sharing
Including:
a. joint deposits
b. evidences of credit

Forfeiture
When only one of the parties to avoid marriage is in good faith, share of party in bad faith in the coownership shall be forfeited:
1.
1. In favor of their common children.
2. In case of default or waiver by any or all common children or their descendants each vacant
2.
share shall belong to respective surviving descendants
3. In their absence, to the innocent party.
3.
4. In all cases, forfeiture takes place upon termination of cohabitation.















Arcilla, Alexandra : Persons Table

If one of parties is validly married to another, his or her share in the co- ownership shall accrue to the
ACP or CPG existing in such valid marriage.
If party who acted in bad faith is not validly married to another, his/her share shall be forfeited in the
same manner provided for in Art. 147
The above rules apply even if both parties are in bad faith.

Legitimate
Conceived or born during a valid marriage (Art. 164)

Illegitimate
Conceived and born outside a valid marriage or inside a void ab initio marriage such as bigamous and
incestuous marriages and marriage declared void for being contrary to law and public policy (Art. 165)

Product of artificial insemination provided both spouses authorized or ratified such procedure in a written
Born after the decree of annulment of a voidable marriage
instrument, executed and signed before birth of child and recorded (Art. 164)
Conceived or born before the judgment of annulment or absolute nullity of marriage if the ground is
psychological incapacity (Art. 54)
Born in a subsequent void marriage due to failure to comply with Art. 52 and 53 (Art. 54)
Conceived or born of mothers who might have declared against its legitimacy or was sentenced as an
adulteress (Art. 167)
Legitimated: conceived and born outside of wedlock of parents without impediment at the time of conception
and had subsequently married
Use of Surnames
Generally required to use mothers surname
Fathers surname
Exception: If childs filiation has been expressly recognized by the father through the record of birth
appearing in the civil register, or when an admission in a public document or private handwritten instrument
is made by the father. (Sec.1, RA 9255)
Parental Authority
Both Father and Mother
Sole parental authority of the mother
Support
Entitled to receive support from any of his or her direct ascendants and descendants in accordance with the
Entitled to receive support only up t his or her grandparents or grandchildren as provided for in Art. 195(2)
priority set by law in Art. 195 and 199
and (3)
Preferential right to support over mother if father has no sufficient means to meet both claims
No such preference
Successional Right
Entitled to inheritance
Only of the share of the Legitimate Child
Proof of Filiation
Established by (Art 172)
a. Birth certificate from the civil registrar or final judgment
b. Admission of legitimate filiation in public document or private handwritten instrument. Must be signed by the parent concerned
Absence of evidence
a. open and continuous possession of status of legitimate children
b. any other means allowed by Rules of Court and SPL
Prescription Period
(Art 173) Anytime during the lifetime of the Child (Personal)
(Art 175) During the lifetime of the alleged parent. (Personal)
Exception: Heirs of the child can file in behalf when the child died during her minority,
- Same way as 173 except action is based on the Art 172 (2nd Paragraph)
while insane or after the action had already been instituted.
Cannot be collaterally attacked only DIRECTLY
Declaration by Pedigree:
a. declarant is dead or unable to testify
(Art 170) Father may file
b. pedigree must be an issue
1. Same municipality = One year from the knowledge of birth or registration in LCR
c. declarant must be a relative
2. Different municipality = 2 years

d. must be made before the controversy

3. Abroad = 3 years

e. relationship between the person whose pedigree is in question must be shown by evidence other
Concealed or unknown = counted from discovery or knowledge of the child
than such declaration
** WITHOUT clear and convincing evidence case must be dismissed.

Arcilla, Alexandra : Persons Table