Articles 55 to 67. Legal Separation.

Grounds
Defenses (C4P2)
Effects of filing the petition (cooling off period, attempt to reconciliation, spouses entitlement to
live separately, provision for support, custody of children, disallowance of decree based on
stipulation of facts or confession of judgment, fiscal to intervene)
Effects of decree of legal separation
What happens if parties reconcile?
Revival of property regime.

Articles 68 to 73. Rights and Obligations between Husband and Wife.

Obligations:
(a) To live together. [Who shall fix family domicile? May a spouse be exempted from living with
the other?]
(b) To observe mutual love
(c) To observe mutual respect
(d) To observe mutual fidelity
(e) To render mutual help, and
(f) To render mutual support. [Spouses are jointly responsible for the mutual support of the
family, as well as the management of the household. Expenses therefor shall be charged
against the community property or, in default, the income or fruits of the separate properties
of the spouses, or in their absence, the separate properties of the spouses themselves.]
Rights:
(a) To exercise any legitimate profession, occupation, business or activity w/o the consent of the
other. Objection thereto may be made only upon valid, serious and moral grounds. In case of
disagreement?
(b) To seek relief from the court, in case one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or
to the family.

Articles 74 to 148. Property Relations between Husband and Wife.

Marriage Settlement
1. What is the purpose of marriage settlement?
2. What can be agreed upon in marriage settlement?
3. Formalities of marriage settlement.
4. Philippine law governs property relations of spouses, in the absence of contrary stipulation in
marriage settlement.
5. Effects on marriage settlement in case the marriage does not take place.
Donations by Reason of Marriage
1. Legal definition.
2. Governing laws.
3. Restriction as to how much can be given?
4. Grounds for revocation.
5. Prohibition on donation between spouses during the marriage.
Regime of Absolute Community Property (ACP)
1. Commencement.
2. No waiver rule, during marriage; exception.
3. Governing laws.
4. What constitutes community property?
5. What properties are excluded from the ACP?
6. Presumption in favor of ACP as to properties acquired during marriage.
7. Charges upon and Obligations of ACP. [As a rule: family expenses, i.e., paragraphs 1-8 & 10,
Art. 94]
8. Special rule on losses and winnings in any game of chance during marriage.
9. Rules on ownership, administration, enjoyment and disposition of community property.
10. When shall the regime of ACP terminate?
11. Does separation de facto affect the regime of ACP, as rule?
12. What is the remedy of the present spouse in case of abandonment by the other or failure to
comply with familial obligations?
 13. When is there abandonment?
14. Procedures in the liquidation of the ACP.
15. Special rule on liquidation of ACP arising from termination of marriage by death.
16. Special rule on simultaneous liquidation of ACPs of 2 or more marriages contracted by the
same person before effectivity of the FC.
Regime of Conjugal Partnership of Gains (CPG)
1. When is there CPG in marriage?
2. Commencement.
3. No waiver rule, during marriage; exception.
4. Governing laws.
5. Describe the regime of CPG in a nutshell.
6. What constitutes as the exclusive properties of the spouses during the marriage in the regime
of CPG? (Article 109)
a. That which is brought to the marriage as his or her own.
b. That which each acquires during the marriage by gratuitous title. [Property donated
or left by will to the spouses, jointly and with designation of determinate shares, shall
pertain to the donee-spouse as his or her own exclusive property. In the absence of
designation = share and share alike. In case of onerous donation, the charges shall be
borne by the exclusive properties of the donee-spouse, whenever they have been
advanced by the CPG.]
c. That which is acquired by right of redemption, by barter or by exchange with
property belonging to only one of the spouses; and
d. That which is purchased with exclusive money of the wife or of the husband.
7. Rules on ownership, possession, administration and enjoyment of exclusive properties, as
well as in litigation involving the same.
8. Presumption in favor of CPG as to properties acquired during marriage.
9. What comprises the conjugal partnership properties? (Article 117)
a. Those acquired during the marriage at the expense of the common fund.
b. Those acquired during the marriage from the labor, industry, work or profession of
either or both spouses.
c. Fruits accruing during marriage from common properties, as well as net fruits from
exclusive properties of each spouse.
d. Share of either spouse in the hidden treasurer.
e. Those acquired through occupation.
f. Livestock existing upon dissolution of the CPG in excess of the number of each king
brought to the marriage by either spouse. And,
g. Those acquired by chance.
10. Special rule on property bought on installments, before marriage.
11. Special rule on ante-nuptial credit pertaining to one of the spouses.
12. Special rule on improvements made on separate property of the spouses at the expense of the
partnership.
13. Charges upon and Obligations of the Conjugal Partnership.
a. Same as that of ACP, except that the payment of personal debts contracted by either
spouse before the marriage, that of fines and indemnities imposed upon them, as well
as support of illegitimate children of either spouse may be enforced against the
partnership assets after the responsibilities enumerated in Article 121 have been
covered if the spouse who is bound should have no exclusive property or if it
should be insufficient. At the time of liquidation of the CPG, the spouse shall be
charged for what has been paid for the purposes mentioned. In other words, the
payments shall be considered as advances to his/her share in the CPG.
14. Special rule on losses and winnings in any game of chance.
15. Rules on Administration of Conjugal Partnership Properties. [May as spouse donate a
conjugal partnership property w/o the consent of the other?]
16. When shall there regime of CPG terminate? [Same as that of ACP.]
17. Does separation de facto affect the regime of CPG, as a rule? [No. Same as ACP.]
18. What is the remedy of the present spouse in case of abandonment by the other or failure to
comply with familial obligations? [Same as in the case of ACP.]
19. When is there abandonment? [Same rule as in ACP.]
20. Special rule on liquidation of CPG arising from termination of marriage by death. [Same as in
ACP.]
21. Special rule on simultaneous liquidation of CPGs of 2 or more marriages contracted by the
same person before the effectivity of the FC.
 Regime of Separation of Property
1. When is there a regime of Separation of Property in marriage? [3 instances: mandatory
regime of complete separation of property; regime of separation of property during marriage
thru judicial order; and regime of separation of property as agreed upon in the marriage
settlement]
2. Rules in case of judicial separation of property during marriage: may be voluntary or for
sufficient cause.
3. Sufficient causes for judicial separation of property during marriage:
a. Final judgment sentencing the other spouse to a penalty carrying civil interdiction.
b. Final judgment declaring the other spouse an absentee.
c. Final judgment depriving the other spouse of parental authority.
d. Abandonment of the petitioner by the other spouse.
e. Abuse of the power of administration granted in the marriage settlement.
f. Separation between spouses for at least 1 year and reconciliation is highly improbable.
4. Procedures for voluntary judicial separation of property during the marriage.
5. Effects of the judicial decree of separation of property. [Note: Rights previously acquired by
creditors are not prejudiced.]
6. May the spouses agree to revive their property regime before the judicial separation of
property? How?
7. The court may transfer the administration of all classes of exclusive property of either spouse
on the grounds mentioned in Article 142.
8. Law governing the regime of Separation of Property.
a. Separation of property may refer to present or future property or both. It may be total or
partial. The property not agreed upon as separate shall pertain to the ACP.
9. Rules as to ownership, possession, disposition, administration and enjoyment of separate
properties by spouses. Earnings? Fruits?
10. Who shall bear family expenses? Answer: Both spouses in PROPORTION to their income or,
in default, to the current market value of their separate properties.
11. Rule on solidary liability as to family creditors.
Property Regime of Unions without Marriage
1. There are 2 kinds of unions w/o marriage:
a. Between man and woman who are capacitated to marry each other, living exclusively
with each other as husband and wife w/o the benefit of marriage or under a void
marriage. The property regime of this union is governed by Article 147. [Special kind of
co-ownership]
b. All other cases of cohabitation not falling in Article 147 (i.e., void marriage due to
psychological incapacity). The property regime of this union is governed by Article 148.
Here, only those acquired by the parties during the cohabitation thru their ACTUAL
JOINT CONTRIBUTION of money, property or industry are considered co-owned by
them, in proportion to their respective contributions. So, wages/salaries pertain to each
party to the union.