Family Code (Effective date: August 3, 1988)
4 Effects of Absence of Formal or
Chapter 1: Marriage
Art. 1 Marriage is a special contract between
a man and woman ; not an ordinary contract ;
inviolable social institution; Legal capacity is
needed unlike in ordinary contract; terminated
by death or declaration of nullity or annulment
due to legal cause (O.C. upon expiration and
fulfilment of conditions)
State policy: PH is committed to the policy of
strengthening the family as a BASIC SOCIAL
INSTITUTION. Family law is based on the policy
that marriage is not a mere contract but a social
institution in which State is vitally interested.
Art. 2 Essential/Intrinsic Requisites of
Marriage (2)
1. Legal Capacity to marry (Art. 14 & 15); No
legal impediments; who must be a man
and a woman (Article 5) [Same sex =
void/determined at birth]
2. Consent freely given in the presence of a
solemnizing officer (Art. 7)
Art. 3 Formal/Extrinsic Requisites of
Marriage
1. Authority of the solemnizing officer
(Clothed with power to marry, Art. 7)
2. Valid Marriage license [120 days] (Art. 11)
Except: Cases in Chapter 2
3. Marriage Ceremony and personal
declaration as a husband and wife
*Marriage cert: not essential or formal
requisite
Art.
Essential requisites
Absence of Formal or Essential requisites
results to VOID ab initio marriage
Defect or Irregularity of the requisites
results to VOIDABLE marriage (valid until
annulled)
Void Marriage May be attacked collaterally
and directly (Imprescriptible) ; Void ab initio
Voidable Marriage May only be attacked
directly (Prescribes during lifetime) ; Valid until
judicial declaration of nullity or annulment ;
Parties responsible for the defect incurs
criminal, civil, administrative liability.
Art. 5 Any male or female with no legal
impediments. (Refers to legal age of marriage)
18 years upward may contract marriage
18-21 Subject to parental consent (Art. 14)
21-25 Subject to parental advise (Art. 15)
Need for Certificate of Parental counselling
(Art. 16)
Art. 6 Marriage Ceremony is required except
in Articulo Mortis (Lack of M.C., Witness, and
non-declaration of oral declaration as husband
and wife will not render it void)
Religious Rites; No form required only the
appearance of the parties before the
solemnizing officer and personal declaration.
(Proxy not allowed = VOID if officiated in PH)
Rationale: To prevent common-law marriages
Art. 7 Who are the solemnizing officers? (5)
 Par. 1-2: Member of Judiciary and
Ministers of Religious sect: Pastor, Priest,
Imam and Rabbi.
Par 3-4: Ship captain and Plane pilots &
military commanders applicable only
during Articulo Mortis (Art. 27) by SO who
are under Art. 30-31.
Par. 5: General consul; consular officers
6: Mayors Removed in FC. Authority
restored under New Local Government
Code (Effective: Jan 1, 1992)
Art. 8 Where can we solemnize marriages?
A.) Judges chambers (Outside = if requested
by both parties in writing in a sworn
statement) [Cosca v. Palaypayon]
B.) Opencourt
C.) Church, chapel, or temple
D.) Respective office of consular officer
E.) No specified venues for articulo mortis and
marriages in isolated places (Art. 27-28)
Art. 9 Where can you apply for Marriage
License (Place of habitual residence)
Special kinds of marriages w/o ML: (1) articulo
mortis (Art. 27); (2) Remote or distant place
(Art. 28); (3) 5-year continuous, exclusive
cohabitation (Art. 34); Cultural or Muslim
solemnization in accordance to their practice,
rites, or customs (Art. 33)
Art. 10 Filipino Marriages Abroad by Consular
officers
Invalid if not recognized by the receiving state
through treaties.
For Filipinos sojourning or domiciled abroad.
May get married before foreign officials
authorized to solemnize marriages (Art. 26
applies, not Art. 10)
Art. 11 Application of Marriage License
(Under oath); Perjury if proven to be falsified
Art. 12 Refers to legal age via Birth Cert.,
Baptismal or just by looking at them. (Duty of
CR)
Art. 13 In case of death (capacity to remarry)
just show death certificate; Divorce judicial
decree of absolute divorce which refers to a
foreign divorce; Annulment of voidable
marriage judicial decree of annulment;
declaration of nullity of a void marriage
judicial declaration of nullity
Art. 14 Parental Consent (Age 18-21)
Art. 15 Parental Advise (Age 21-25)
Art. 16 Certificate of Parental Counseling
(Failure = 3 mos. Suspension)
Art. 17 Posting of Notices (Posted 10
consecutive days)
Art. 18 Impediments when known
Art. 19 License fees; free for indigents; CR
will issue such fees
Art. 20 Effectivity of License 120 days only
Art. 21 Foreigner/Stateless/Refugees Legal
Capacity to Marry - Cert. of Legal Capacity
Art. 22 Contents of Marriage Certificate
Art. 23 Holders of marriage certificates
Quadruplicate
Art. 24 Preparation of Local Civil registrar to
prepare documents (For free; no doc stamp
tax)
Art. 25 Entries strictly in chronological order
Art. 26 Marriage between an alien spouse
and a Filipino spouse (Lex Loci Celebracionis)
Applicable only to a Filipino with an alien
spouse who acquires valid decree (Garcia-
Recio v. Recio)
Not applicable to Filipinos who obtained a
valid divorce decree. (RP v. Crasus Iyoy)
Applicable to Filipinos who were
naturalized and subsequently contracted a
divorce decree (RP. V. Obrecido III)
Not applicable to Filipinos turned alien,
must only be invoked by the Filipino
spouse and not the alien spouse. (Corpuz
v. Sto. Tomas)
Chapter 2: Exceptions of Marriage Licenses
(6 instances)
Art. 27 Articulo Mortis (May be solemnized
by persons under par. 3-4, Article 7 of the
Family Code, defined subsequently by Art. 30
and 31 of the same code)
Art. 28 Remote or distant places, and have
no means of transportation to the Local Civil
Registrar
Art. 29 Affidavit to prove that the marriage
was contracted under Articulo Mortis (Art. 27)
or Art. 28 (no means of transportation due to
remote or distant island) ; In lieu of Marriage
License
Art. 30 Original Affidavit together with the
marriage contract must be given by the
Solemnizing Authority/Officer to the Local civil
registrar. 30 days prescription.
Art. 31 Marriage between passengers and
crew may be solemnized by the Ship Captain
during at sea or flight; or ports of call or
stopover (Marriage during voyages or fligh)
Art. 32 Military Commanders may solemnize
marriage during military operations inside the
Zone of Military operations in the absence of
chaplain. May solemnize either civilian or
armed forces.
Art. 33 - Marriage between ethnic cultural
minorities/muslim in accordance with their
rites, customs, or practice does not need
Marriage license.
Art. 34 No license necessary for continuous,
exclusive cohabitation of at least 5 years. Must
have no legal impediments. Solemnizing officer
shall also state under oath that he ascertained
the qualifications and have not found any legal
impediments. (Legal ratification)
Failure to ascertain; S.O. will be criminally,
administratively or civilly liable. (Manzano
v. Sanchez)
 Heirs may directly or collaterally attack
void marriage, for lack of license and
failure to comply the 5-year exclusive,
continuous cohabitation. (Heirs of Ninal v.
Badayog)
Falsification of affidavit will render
marriage void ab initio. (De castro v. De
Castro)
Rationale: To facilitate and encourage who
have been living in a state of concubinage.
Publicity might deter such persons from
legalizing their union.
In Ninal v. Badayog there was a subsisting
legal marriage ; and the subsequent
marriage was solemnized after 20 months
of the death of the previous wife. (there is
legal impediment)
Kinds of Legal impediments:
Diriment Impediments: Makes the marriage
void; Existing marriage, incestuous, lack of legal
capacity;
Prohibitive impediments: Which do not affect
the validity of the marriage but criminal
sanction may be imposed: 3-month rule on
parental advice
Chapter 3: Void and Voidable Marriages
Art. 35 Void Marriages (6)+2(Art. 37-38) = (8)
1. Contracted by any minors (Below 18th
anniversary)
2. Those solemnized by person not
authorized unless either or both parties
believed in good faith the person had the
legal authority to do so
3. Those solemnized without Marriage
License, except those covered by the
preceding chapter (Article 27-34, Chapter 3
of the Family Code)
4. Those bigamous or polygamous marriage
(Not under Art. 41)
5. Those contracted through mistake of one
contracting party as to the identity of the
other
6. Those subsequent marriages falling under
Article 53 of the FC.
An aggrieved spouse may file,
Art. 36 Psychological Incapacity; applied to
the most SERIOUS CASES of P.D.;
Church decision may be used as precedents
P.I. under Santos ruling: (1) gravity; (2) juridical
antecedence (historical root); (3) incurability
Cannot presume on the mere fact of
immaturity, alcoholism, maltreatment or
unbearable jealousy
Repeated lying or pathological lying amounts
to P.I.; Senseless refusal of the performance of
marital obligations amounts to P.I. (Chi Ming
Tsoi v. CA)
P.I. not a defense for Bigamy. Bigamy is
consummated with the mere act of
subsequent marriage without judicial
declaration
Levels of P.I.: Mental level Int, memory, and
imagination; Affective level Sentiments,
feelings, passions, desires, affections,
emotions; Physical level bodily execution
dictates from Ment and Affective levels
Molina guidelines:
1.) Burden of proof to show the nullity of the
marriage belongs to plaintiff. Any doubts
should be resolved in favour of the
marriage and against the dissolution and
nullity.
2.) Root cause of P.I. must be medically and
clinically identified; alleged in complaint;
sufficiently proven by expert witness and
 clearly explained in the decision. (Juridical
Antecedence)
3.) P.I. must be proven at the time of the
celebration of marriage (Juridical
Antecedence)
4.) Such incapacity must be shown to be
medically or clinically permanent or
incurable. (INCURABILITY)
5.) Such illness must be grave enough to bring
about the disability of the party to assume
the essential marital obligations (GRAVITY)
6.) Essential marital obligations must be those
embraced in Art. 68-71 of FC as well as Art.
220-211 & 225 of the same code
7.) Interpretations of the National Appellate
Matrimonial Tribunal of the Catholic
church, not controlling but given great
respect by our courts.
8.) The trial court must order the prosecuting
attorney or fiscal and Sol. Gen to appear as
counsel for the State.
Case to case basis.
Art. 37 VOID ab initio: Incestuous marriage,
full or half blood
Art. 38 VOID ab initio Reasons of public
policy
1.) Between collateral blood relatives; legit or
illegit, up to FOURTH civil degree
2.) Between step-parents and step children
3.) Between parents in law and children in law
4.) Between adopting parent and the adopted
child
5.) Between surviving spouse of the adopting
parent and the adopted child
6.) Between the surviving spouse of the
adopted child and the adopter
7.) Between adopted child and a legitimate
child of the adopter
8.) Between adopted children and the same
adopter
9.) Between parties where one, with the
intention to marry the other, kills that
other persons spouse or his or her own
spouse.
Art. 39 Imprescriptibility of action or defense
for the declaration of absolute nullity.
A void marriage may be declared void even
after the death of either party; Real party
interest (Ninal v. Badayog)
Art. 40 Nullity of previous marriage; Need
final judgement for purpose of REMARRIAGE.
Without judicial declaration of nullity of the
first marriage; subsequent marriage is void,
and party concerned will be liable for bigamy.
Latest jurisprudence: Even if first marriage is
void ab initio, it is not a defense in a bigamy
case. There must be declaration of the nullity
of the first marriage before contracting
subsequent marriage.
Good faith is not a defense.
Art. 41 Voidable Bigamous marriage;
Declaration of Presumptive death
Requisites of Remarriage under Art. 41:
1.) Absent spouse must have been absent for
a total of four consecutive year or at least
two years if the disappearance is due to
dangerous circumstance (Art. 391 of NCC)
2.) Present spouse had a well-founded belief
(not suspicion) that the absent spouse was
already dead (RP v. Nolasco) [ Failure to
exert diligent effort]
3.) Institution of action (summary
proceedings) for the declaration of
presumptive death of the absentee; and
4.) Favorable judgement in favour of the
present spouse
Art. 42 Automatic termination of Subsequent
marriage without need of judicial
pronouncement upon the recording of
affidavit of reappearance except when absent
spouses marriage have been judicially
declared annulled or void ab initio.
Absence of affidavit of reappearance or court
of action will not terminate subsequent
marriage.
Absent spouse may remarry if he does not take
steps for the affidavit of reappearance;
Present spouse will be liable for Bigamy and
the absent spouse as accomplice for collusion
Art. 43 Effects of termination of the
subsequent marriage referred to in Art. 42
1.) Children conceived prior to the
termination of the subsequent of
marriage are legitimate
2.) Absolute community of property or
conjugal partnership of gains, as the
case may be shall be dissolved and
liquidated. If either spouse acted in
bad faith, his or her share of the net
profits will be forfeited (a) in favour of
the common children (b) if none, in
favour of the children of guilty spouse
by a previous marriage; (c) in default of
children of innocent spouse
3.) Donations by reason of marriage shall
remain valid unless the done acted in
bad faith, in which case donations are
revoked by operation of law
4.) If the spouse, who acted in bad faith is
the designated beneficiary of the
innocent spouse in an insurance policy,
the designation can be revoked even if
it is stipulated that the designation is
irrevocable.
5.) Spouse who acted in bad faith is
disqualified to inherit. Even if the
spouse makes a will in favour of the
other spouse, it is believed that the
pertinent provisions of the will is void.
6.) Extended applicability to Art. 40 and
45 of the same code.
Art. 44 When both spouses acted in bad
faith, all donations by reason of marriage and
testamentary dispositions (will) made are
revoked by operation of law.
Consequently both sps. Will be liable for
bigamy.
In Art. 43 bad faith is only with one party,
while in this article it is with both party.
Art. 45 An annulment in marriage is an
Action in Rem concerns that status of the
party and binds the whole world.
Only a husband or wife may file an action for
annulment; heirs may question the validity of
marriage in the settlement of estate of the
deceased couple.
Causes for annulment of marriage:
1. Lack of parental consent; voidable
2. Unsoundness of mind when one party is
insane, marriage is voidable; Insanity after
marriage cannot constitute a cause of
nullity
3. Consent obtained through Fraud Art. 47 Prescriptive period for annulment
voidable; non-disclosure of previous cases or action.
conviction by final judgement of a crimes
Cases for Persons to When
involving moral turpitude; Concealment by annulment file action action is to
the wife that she was pregnant by a man be filed
other than her husband; Concealment of Par.1 Lack of A.)Party A.)Within 5
STD at the time of marriage; Concealement Parental for whom years
of drug addiction, habitual alchoholism, Consent (Art. no
45) parental
lesbianism and homosexuality.
consent
4. Consent obtained by force, intimidation or was given
undue influence voidable; the party who B.)parent
was forced must have stopped acting as a of B.)Before
free agent. guardian the age of
5. Absolute or incurable impotency of the said 21
party
continuous and incurable with no known
2 Unsoundness A.)By the A.)Before
relief like absence of male organ through of mind (Art. sane death of
natural or accidental causes; impotency of 45) spouse either
a man due to extreme old age which is who had party
beyond resuscitation.; Temporary or no
knowledge
curable impotency Having abnormally
of the
small opening of vulva; having an active others
male sexual organ; suffering from mumps insanity or
that leads to impotence. by any
a. TRIENNIAL COHABITATION Three relative or
years of virginity during guardian
or person
cohabitation (If INCURABLE = having
ground for annulment; curable = legal
not groung for annulment); must charge of
have existed at the time of the same
marriage
B.)By the B.)During
6. Affliction with STD must be serious and
insane lucide or
incurable. himself interval or
by
regaining
sanity
3 Fraud (Art. By the W/in 5
46) injured years after
party the
discovery
of fraud
4 Vitiated Same Within 5
Consent (Art. years from
45) the times
the
intimidation
disappeared
 5 Continuing Same Within 5 acted in bad faith, his or her share of the
incurable years after net profits will be forfeited (a) in favour of
physical the the common children (b) if none, in favour
incapacity celebration
(Art. 45) of marriage
of the children of guilty spouse by a
6 Serious Same Same previous marriage; (c0 in default of
Incurable children of innocent spouse
STD (Art. 45) 2.) Ante-nupial Donations by reason of
marriage is valid unless the done acted in
bad faith, in which case revoked by
Actions for annulment will not prosper when
operation of law
prescription ends and after freely cohabitating
3.) If the spouse acted in bad faith is
of the injured party.
designated beneficiary of the innocent
Art. 48 Marriage is more than a contract; spouse in an insurance policy, the
purpose of participation of public prosecutor designation can be revoked even if it is
in (1) declaration of nullity (2) annulment of stipulated that the designation is
marriage and (3) legal separation this is to irrevocable.
determine whether collusion exist between 4.) Spouse who contracted second marriage in
parties. bad faith shall be disqualified to inherit
from the innocent spouse.
Prosecutor may present his own evidence, if in
his opinion the proof adduced is dubious and
fabricated.
Art. 51 Partition and Delivery of Presumptive
Authority of Sol. Gen to intervene in such Legitimes to Common Children The legitimes
cases. (Not expressly mentioned in Art. 48) shall be delivered in (a) cash (b) property or (c)
sound securities.

The legitimes are considerd as advanced

Art. 49 Support during pendency of action;
inheritance, if upon the death of either or both
Custody of children
parents.
A child over 7 years old may chooe the parent
he or she wants to live unless the chosen
parent is unfit. Art. 52 Necessity for Recording of Judgement
in the Civil Registry of Property
Under 7 years considered as an infant.

Unchosen parent shall be accorded visitation

rights to the children. Art. 53 Non-compliance with recording
Art. 50 Effects of Declaration of Nullity or Effect: Subsequent marriage is null and void
Annulment of Marriage and may be liable for criminal prosecution.

Effects of Art. 43 shall also apply in Nullity and

Annulment of Marriage.

1.) Absolute community of property (ACP) or

conjugal partnership of gains (CPG) shall be
dissolved and liquidated. If either spouse
Art. 54 Status of Children, Legitimate if
marriage is void Two situations: (a) Nullity of
Marriage under Art. 36 and (b) Nullity of
Marriage under Art. 53 Kids should not suffer
by the fault of parents. Hence, children born
before annulment are logically legitimate.
Title II: Legal Separation
PH only has Relative Divorce separation from
bed and board.
Art. 55 Ground for legal separation
1.) Repeated physical violence or grossly
abusive conduct - act must be directed
against (a)spouse (b) common child (c) an
adopted child. GAC = abusive words or
language
2.) Physical Violence or Moral pressure
specific purpose; to compel the petitioner
against his or her will to change religion or
political affiliation; does not cover the
common children
3.) Attempt to corrupt or induce engagement
in prostitution directed against (a)
spouse (b) children ; Mere connivance in
such corruption and inducement may still
be a ground for L.Sep.
4.) Final Judgement in criminal case A penaly
of more than 6 years is imposed and
cannot avail himself benefits of probation
law. (Pardon not a defense)
5.) Drug addiction or habitual alcoholism
6.) Lesbianism or homosexuality
7.) Contracting a subsequent bigamous
marriage anywhere (Except:Art.41) ;
Foreign divorce not recognized unless
under Art. 26 par. 2 of the FC
8.) Sexual infidelity or perversion
9.) Unjustified Attempts against life of the
other spouse
10.) Unjustifiable abandonment for more than
1 year desertion of the conjugal dwelling
without intention of returning. There must
be an absolute cessation of marital
relations re: Physical, Financial and Moral
estrangement.
Prima Facie Presumption of abandonment
When spouse left the conjugal dwelling
for a period of less than three months or
when within the same period he failed to
give ant information to his or her
whereabouts. Presumption is rebuttable
by the presentation of clear, strong and
convincing evidence.
Refusal to have sex constitutes
abandonment
Art. 56 Defenses in Legal Separation
1.) Condonation Forgiveness after the
commission of the offense or the act
complained of and not before
2.) Consent Willingness to agree to the
commission of the act complained of.
Mutual agreement. Entrapment is not
consent
3.) Connivance tacit permission to the
commission of the act complained of;
there is secret understanding with the
commission of the act.
4.) Mutual guilt or recrimination when both
parties are guilty of the grounds for legal
separation.
5.) Collusion an arrangement between the
spouses to obtain decree of legal
separation by secret maneuvers.
6.) Prescription Failure to file in time.
Art. 57 Prescriptive Period of Legal
Separation Old Law: 1 year and 5 year;
superseded by new provision which is: 5 years
after occurrence of the cause.
When there are various act each one is subject
to prescriptive period. (based on the last act)
Art. 58 Suspension period in Legal Separation
6-month period of cooling off. The healing
balm of time may aid in process.
Not applicable in domestic violence under Sec.
19 of RA 9262
Art. 59 Efforts of reconciliation- There must
be a mandatory reconciliation before issuing a
decree of legal separation.
Art. 60 Stipulation of Facts alone, cannot be
basis for judgement. Collusion between parties
concerned must be avoided.
No default judgement in Legal Separation.
Art. 61 Effects of filing petition for legal
separation (a) spouses are entitled to live
separately from each other (b) the right of
consortium ceases (c) wife is suable alone
without need of impleading the husband (d)
when the consent of one spouse is needed in
any transaction, judicial authorization is
necessary. the administration of the absolute
community of property (ACP) and conjugal
partnership of gains (ACPG) may be agreed
upon writing between parties.
Art. 62 Alimony refers to money for
support paid by a man to his wife or by a
woman to his husband when they are legally
separated or divorced.
Duty of the court to make alimony to the wife
and to make provisions for the support of the
children not in custody of the husband.
Art. 63 Effects of Decree of Legal Separation
1.) Entitled to live separately from each other
but the marriage bonds shall not be
severed.
2.) The ACP or the CPG shall be dissolved and
liquidated but the offending spouse shall
have no right to any share of the net
profits earned by the ACP or CPG, which
shall be forfeited in accordance with the
provision of Art. 43 (2).
3.) Custody of minor children shall be
awarded to the innocent spouse by the
intestate succession. Moreover, provisions
in favour of the offending spouse made in
the will of innocent spouse shall be
revoked by operation of law.
4.) Not mentioned: Obligation of mutual help
and support under Art. 68 ceases. Guilty
spouse cannot ask for support from
innocent spouse; innocent spouse may
receive support from guilty spouse.
Wifes name cannot be reverted to her Maiden
Name even if Legal separation is granted.
Art. 64 Other effects of Legal Separation
decree (a) Innocent spouse may revoke the
donations made in favour of the offending
spouse (b) innocent spouse may revoke
designation of the offending spouse as
beneficiary in any insurance policy even if
stipulated as irrevocable. (5 years prescription)
Art. 65 Reconciliation Mutual agreement of
the spouses to resume their marital
relationship.
Art. 66 Consequences of Reconciliation If it
reached during the pendency of legal
separation of proceedings, it shall be
terminated. If decree has been issued, it shall
be set aside.
Art. 67 Revival of Former Property Regime
It shall be under oath and must specify the (a)
properties to be contributed anew to the
restored regime (b) to be retained as the
separate property of each spouse and (c)
names and address of all known creditors and
the amount owing to each.
There is no reconciliation without resumption
of cohabitation.
TITLE III: Rights and Obligations between
Husband and Wife
Art. 68 Basic Obligations of husband and wife
(5)
1) Sexual Intimacies sexual access to each
other
2) Mutual love Marriage without love is like
running an engine without oil.
3) Mutual respect without mutual respect,
love is lost.
4) Mutual fidelity Obligation to be faithful
5) Mutual help and support Giving of aid
and comfort
Aggrieved may apply for appropriate remedies
when spouse neglects his or her duties under
Art. 72
Art. 69 Right to fix domicile: Common
decision of both spouses.
Exceptions: If either of the spouse has to live
abroad or abnormal sex acts against the will of
the wife or husband.
Art. 70 Support of family; Conjugal obligation
Joint obligation of spouses in ACP and CPG.
Expenses for support: shall be paid from ACP or
CPG; if none, the income of fruits of the
spouses separate properties.; if none, or
sufficient, from their separate properties.
Both sps. Shall bear the family expenses in
proportion of their income, or property.
Parents-in-law have no obligation to support
Children-in-law.
Art. 71 Management of household; Join
administration
Expense not for family consumption, not
binding against community property Spouse
who acted shall be personally liable.
Art. 72 relief by court in case of neglect of
conjugal duties.
Art. 73 Exercise of Legitimate Profession,
Occupation Business Activity Either spouse
can exercise his or her LP, O, or BA.
Husband or wife may object to exercise only if
valid, serious and against moral grounds
(Masseuse, hostess, prostitute)
Unjust prevention from exercising Art. 73 may
criminal liability under Sec. 3 RA 9262.
Title IV: Property relations Between Husband
and Wife
Chapter 1: General Provisions
Art. 74. Property Relations between future
spouses.; Marriage settlements is a contract
entered into by a parties about to be married
for fixing the terms and conditions of their
property relations with regard to their present
and future property. Referred to us ante-
nupial agreement or matrimonial contract.
Art. 75 Freedom to stipulate; If they failed to
agree before the marriage or if the marriage
settlement is void; Absolute Community of
Property (ACP) shall govern their property
relations.
Principal Kinds of Property Regimes(5)
1. Absolute Community of Partnership (ACP)
A merger of all the properties of the
husband and wife owned by them at the
time of the celebration of marriage, or
those acquired thereafter.; Shall be
administered jointly and to be divided
equally between them after the dissolution
of the marriage (Death, Void Marriage,
Annullment or Legal Separation); Excluded
properties from the ACP: Gratuitious title
(Paraphernal or Capital); Exclusive
property; Property acquired before the
marriage who has legitimate descendants
by a former marriage
2. Relative Community of Property or
Conjugal Partnership of Gains (CPG)
Spouses retain the ownership of the
property which they respectively brought
to the marriage as well as those they may
acquire during the marriage by gratuitous
title or by right of redemption, barter or
exchange with separate property and
those which they purchased with their
own money (Art. 109). The spouses have
place in a common fund for the proceeds,
products, fruits, and income from their
separate properties and those acquired by
either or both spouses throught their
efforts or chance (gambling; lotto; etc).
Upon dissolution, net gains or benefits
obtained by either or both spouses shall be
divided equally between them, unless
otherwise agreed in the marriage
settlements.
3. Complete or Absolute Separation of
Property Separate personalities of the
spouses are maintained and whatever
property they may bring to the marriage
shall belong separately to each of them. All
earnings from his or her profession,
occupation or business activity; and all
fruits received shall belong to them
separately. (Natural fruits spontaneous
product of the soil.; Industrial fruits
produced by lands through cultivation or
labor; Civil fruits rents or buildings or
lands or properties); transferred through
public instrument.
4. Mixed Property Regime Governed by two
economic regimes. Separation of propert
may refer to present or future property;
partial or total. In partiality; with no
agreement, ACP governs.
5. Other Regimes Dowry or Doral System
and Complete Merger.
Art. 76 Time when Marriage settlements or
modification should be made. Marriage
settlements are valid when made before the
solemnization of marriage.
Art. 77 Requisites for Enforceability of
Marriage Settlements To be enforceable M.S.
should be (a) in writing (b) signed by parties (c)
executed before the marriage celebration. In
favour ACP. (Pvt. Instrument enough)
Oral Marriage settlement is VOID.

Art. 78 Minority under RA 6809 (18-21 needs
parents consent). Marriage settlements of
minor needs consent in order to be valid.
Absent any of the above essential
requirements, no donation proper nuptias.
Art. 83 Prevailing laws on propter nuptias
donations

If immovable acceptance in public

instrument
Art. 79 Civil Interdiction
If movable acceptance may be oral except
when it exceed the value of P5,000.00. In
Art. 80 Property relation of spouses shall be which case, it should be in writing.
governed by Philippine laws, regardless of the
D.propter Ordinary
place of the celebration of marriage and their
nuptias donations
residence. This rule shall not apply to: (1) Both formalities DPN is Governed by
spouses are aliens, (2) Property not situated in governed by Title III, Book
PH and executed in the country where the provisions of III of the
property is located; (3) Contracts entered in PH testamentary New Civil
but property situated in a foreign country. succession Code
and the
Doctrine of Lex Rei Sitae applies in Real
formalities of
properties (Exceptions par. 2-3) will (Art. 84,
Nationality Principle Laws relating to family par. 2 of the
FC)
rights and duties, status, condition and legal
inclusion of Present No limit
capactity of persons are binding upon Filipino
present property except the
citizens, even though living abroad (Art. 15,
property may be donor shall
NCC). donated up leave
to 1/5 of the sufficient
donors property for
Art. 81 When marriage does not take place; present his support
effects. Marriage settlements or contracts property if and that of
are void if marriage does not take place. the future all relatives
spouses have entitled to
Marriage settlement conditions: chosen the support from
Consummation of marriage. regime other him
than ACP
(Art. 84)
Chapter 2: Donations by Reason of Marriage inclusion of Future Future
future property property not
Art. 82 Requisites of Donations propter property may be included
nuptias by reason of marriage. (PROPER included
NUPTIAS are wedding gifts) ; (a) must be made provided the
before celebration of marriage (b) in donation is
consideration of marriage (c) in favour of one mortis causa
or both of the future spouses. Grounds for Provided in In art. 760
revocation Art. 86 and 764

Art. 84 Donation of present property cannot
exceed 20% of their present property.; any
excess shall be considered void. ;
Future donations are governed by
testamentary succession and the formalities of
will. (Shall only take effect after death, and
subject to limitations provided under rules of
T.S.
Future inheritance cannot be the object of
donation or compromise agreements.
Art. 85 Encumbrance restrictions and
burdens of property such as mortgage, pledge,
attachment, levy on execution, right to
repurchase, adverse claims, leases and similar
others.
Encumbered Property if donated: Sold for less;
not liable for deficiency; Sold for more; done
shall be entitled to the excess.
The encumbered property if donated does not
invalidate the donation.
Art. 86 Grounds for revocation of Donations;
Propter nuptias.
1.) If marriage is not celebrated; Judicially
declared void ab initio (nullification);
2.) Marriage takes place without consent of
the parents or guardians as required by
law (for 18-21 y.o.)
3.) Marriage is annulled (voidable), and donee
acted in bad faith (automatic by operation
of law)
4.) Upon legal separation, done being the
guilty spouse
5.) If it is with a resolutory condition and the
condition is complied with (If A donated to
B property subject to the condition that B
shall not abandon A. B abandoned A.
Donation is revocable.
6.) If done should commit offenses against the
person, honor, or the property of the
donor, or his wife, or children under his
parental authority
If the done imputes to the donor any
criminal offense; unless the donor himself,
the wife or children under his parental
authority commits the criminal offense
If donee unduly refuses support when the
done is legally or morally bound to give
support to the donor.
Art. 86 (3) prevails Art. 43 (3) of the same
code.
Art. 87 Donations or Grant of Gratuitous
advantage between spouses shall be void if
done directly or indirectly.
Reasons for nullity: (a) to protect unsecured
creditors from being defrauded by any or both
spouses. (b) to prevent the stronger spouse
from persuading or imposing upon the weaker
one the transfer of the latters property to the
former (c) to prevent indirect modification of
the marriage settlement od the spouses during
the marriage which is prohibited (Art. 76)
Donations to paramour is void.
Also applies to common-law relationship.
Exceptions: moderate gifts depends on
financial capability and social standing of the
donor.
Other exceptions: (a) donations mortis causa
takes effect after death (b) donations propter
nuptias which are given before marriage
Those who are prejudiced at the time of
transfer of the property can assail.
Husband and wife cannot sell or lease property
to each other.