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PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE 2.

The MS must be registered in the local civil registry


where the marriage contract is not recorded as well as in
Art. 74 Property Relations between husband and wife shall be the proper registries of property. Hence, a private
governed by the ff: instruments will not suffice. The agreement must be in a
1. By MS executed before marriage; public document, or the same cannot be registered
2. By the provisions of this Code; and 3. MS affects 3rd persons. Hence, they should know what
3. By the local customs property regime governs the property relations of the
spouses. IF the MS is not registered, it will not affect
• By marriage settlement is meant the contract entered into a prejudice third persons, and the absolute community
man and a woman who intend or plan to get married fixing the regime will apply.
property regime that will govern their present and future DOCTRINE OF MUTABILITY – when the law of the country is
properties during marriage. changed, the regime affecting property relations is also
• Requisites for MS changed, except that vested rights should not prejudiced.
1. Must be made before the marriage and even modification DOCTRINE OF IMMUTABILITY – If there is change in the
must also be made before the wedding except conversion nationality of the contradicting parties after the marriage, the
into the complete separation of property regime, which property relations that should govern them is not changed.
would be allowed provided that there is a judicial approval Regardless of the change in nationality of one spouse or both,
and no prejudice to creditors. the original regime at the time of marriage shall govern their
2. Must not contain provisions contrary to law, good morals, property relations.
good customs, public order, and public policy, or against
the dignity of either spouse. Art. 78. No longer applicable (RA 6809)
3. Must generally confine itself only to property relations.
Art. 79. Additional Requirement in MS for civil interdictee:
4. Must be in writing in order for the marriage to be binding. It
need not be in public instrument even if it involves real - It is indispensable to the guardian appointed by the
properties. The requirement that it be in public instrument court to represent the civil interdictee.
recording under Art. 77 is only for the purpose of affecting - If not the guardian does not sign as a party, the MS
3rd persons. is void.
5. If made by minors, their parents must consent by signing - The article does not include insane persons.
also; if by other incompetents; such as those under civil
interdiction, the guardian must consent and also sign. Art. 80 Rule on MS with regard to Filipino/American spouses.
- Provides that Philippine laws shall govern the
Art. 75 Property Regime that may be agreed upon in MS property relations of the spouses (Filipino spouses or
1. AC Filipino-alien spouses) wherever they reside or
2. CP of gains regardless of the place of celebration of their
3. CS of property marriage or the place where their properties are
4. Combination of the above regimes located
5. Any other regime; i.e. dowry system. - Art 80(1): National law will apply
• Whatever be the regime agreed upon, it must however, not be - Art 80(2):Extrinsic validity of the contract will be
contrary to law, morals, good customs, public order, or public governed by the lex situs or the law of the country
policy where the property is situated.
• MS can govern any regime. But once chosen, all properties are - Art. 80(3): The lex situs applies in this case
included in the regime and the parties cannot exclude specific - In Fil-American marriages:
properties. a. If husband is Filipino, Phil. Law will apply
• To eliminate doubt, parties must identify the specific properties b. If wife is Filipino, the nat’l law of the husband
in their MS by their titles. shall apply.
Assumption: The husband is the administrator of the property,
• AC will apply if:
therefore his national law shall apply to these cases.
1. The parties did not enter a MS
National theory applies whether:
2. If the regime agreed upon is void.
1. They were married in the Philippines or abroad;
• If some provisions of the MS are void and some are valid, the 2. They reside in the Philippines or abroad;
nullity of the void provisions will not nullify the valid ones, 3. Their properties are located in the Philippines or abroad
provided the latter can stand by themselves. Exceptions to the Application of Philippine Laws where there is
Conflict of Laws:
Art. 76. Modification of MS Philippine laws will not apply in the ff. cases:
• To be valid, any modification in the MS must be made before 1. Where both spouses are aliens. (Nat’l Law will apply)
the marriage.
2. With respect to the extrinsic validity of contracts over
• The only exception is judicial separation of property during the properties located abroad and executed in the country
marriage under Arts. 66 (reconciliation of the spouses), 67 where the property is located. ( The extrinsic validity of
(revival of the former property regime), 128 (abandonment of the contract will be governed by the lex situs or the law
the spouse), 135 (judicial separation) and 136 (voluntary of the country where the property is situated)
dissolution of AC/CP) of the Code. 3. With respect to the extrinsic validity of contracts over
• Any extra-judicial agreement between the spouses separating properties located abroad, even if the contract is entered
their properties is void. into the Philippines, in cases where the laws of the
countries where the properties are located require
Art. 77 FORM of MS different formalities for their extrinsic validity. ( The Lex
1. Must be in writing (may be private or public instrument); situs applies in these cases.)
2. Must be signed by the parties;
3. Must be executed before the marriage; Art. 81 Voiding MS
4. If a party executing the settlement needed parental - Everything stipulated in MS shall be void if the
consent for the marriage, the parent or guardian whose marriage does not take place.
consent to the marriage is needed must be made a party - However if the stipulations that do not depend upon
to the agreement; the celebration of the marriage shall be valid.
5. If a party executing the settlement is under civil - Reason : MS is an accessory contract dependent for
interdiction or any other disability (like deaf-mute, its existence on the intended marriage of the
mutism, prodigality, etc. but not insanity), the guardian parties. If such marriage does not take place, the MS
appointed by the court must be a party to the MS. will become void and ineffective, excpt stipulations
In order to affect 3rd persons therein that do not depend upon the celebration of
1. All the above requirements as between the parties; the marriage for their validity.
- Donations propter nuptias are also rendered void if - In case of forclosure of the encumbrance and the
the marriage does not take place. property is sold for less than the amount of the
obligation secured, the done shall not be liable for
the deficiency.
- If the property is sold for more than the total amount
of the obligation, the done shall be entitled to the
excess.

Art. 86 Revocation of donation PN

DONATIONS BY REASON OF MARRIAGE

Art. 82 Requisites of Donations Propter Nuptias:


1. Must be made before the celebration of the marriage;
2. Must be made in consideration of the marriage;
3. Must be made in favor of one or both of the future
spouse
4. Observance of formalities required by law.
Donation propter nuptias: wedding gifts that are given prior to the
celebration of the marriage, but not all wedding gifts are donation
propter nuptias, for said wedding gifts may come after the
celebration of the marriage.
Formalities:
- Provisions of NCC Art. 1403 par. 2
- Requirement : public doc.
• Real property : public instrument;
• Personal property : if more than 5000, must be
in writing.
Donations PN Ordinary Donations
1. Does not require Express acceptance is
express acceptance necessary
2. May be made by Cannot be made by minors
minors
3. May include future Cannot include future property
property

4. If present property is No limit to donation of present


donated and property property provided legitimes
regime is not absolute are not impaired
community, limited to
1/5
5. Grounds for Grounds for revocation are
revocation under Art. found in law on donations
88

Art. 83 Forms of DN
- Follows those of ordinary donations, including oral
donations, as established in Title III of Book III of the
NCC on donations.
- Forms shall be regulated by the Statute of Frauds.

Art. 84 Limitation of Present property


1. Limitation does not apply if the property relations of the
future spouses will be governed by the system of
absolute community of property, since all the properties
of the parties (only with certain exceptions) will become
absolute community any way.
2. But if future spouses agree on a regime other than the
absolute community of property, they cannot donate to
each other in their marriage settlement more than 1/5 of
their present property. Any excess shall be considered
void.
Donations of Future Property Allowed:
1. While donations of future property are not allowed in
ordinary donations, they are allowed in donations PN.
2. Donations PN of future property shall, however, be
governed by the provisions on testamentary succession
and the formalities of wills. Hence they are revocable,
unlike donations of present properties in the marriage
settlement which cannot be revoked except if the
marriage does not take place. Since marriage
settlements cannot be revoked after marriage.

Art. 85 Donations by reason of marriage of Property subject to


encumbrance:
Subject to the ff. conditions: