ARTICLE 147 ARTICLE 148

Man and woman must be: Man and woman must be:
1. Capacitated to marry each other 1. Not capacitated to marry each other
Requisites 2. Live exclusively with each other as husband and wife 2. Live exclusively with each other as husband and wife
3. Be without the benefit of marriage or under a void 3. Be without the benefit of marriage or under a void
marriage marriage
 Those who live together below 18 years of age
 Article 37 (Incestuous marriages)
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the full
or half blood.
 Article 38 (against public policy)
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree
(2) Between step-parents and step-children
 Article 36 (Psychological incapacity) (3) Between parents-in-law and children-in-law;
 Article 44 (Both parties in a marriage in bad faith in (4) Between the adopting parent and the adopted
relation to Article 41 on JDPD) child;

 Article 54 (No liquidation and recording in the registry (5) Between the surviving spouse of the adopting
Void Marriages of JDNOM) parent and the adopted child;

 Absence of consent
(6) Between the surviving spouse of the adopted
 No authority of solemnizing officer
 No valid marriage license child and the adopter;

 No marriage ceremony (7) Between an adopted child and a legitimate child
of the adopter;

(8) Between adopted children of the same adopter;
(9) Between parties where one, with the intention to
marry the other, killed that other person's spouse, or
his or her own spouse.
 An already married person cannot validly remarry
without the 1st marriage having been previously
terminated
 2nd marriage celebrated while 1st is validly subsisting
(bigamous)
 Separately owned by the parties and if any of the spouses is
Salaries and Wages Owned by parties in equal shares married, his salary is the property of the ACP/CPG of his
legitimate marriage
Property acquired by Belongs to such party proved that there is proof that it was
Belongs to such party
own fund acquired by exclusive funds
Governed by rules of co-ownership
Property acquired
If any of the spouses is married, his salary is the property of
through work or
Either spouse may alienate in favor of the other his share in the the ACP/CPG of his legitimate marriage
industry
property
Presumed to have been obtained by their joint efforts, work or Only the properties acquired by both parties through their
industry and shall be owned by them in equal shares actual joint contribution of money, property, or industry shall
Property acquired while be owned by them in common proportion to their respective
they lived together If a party did not participate in the acquisition—deemed to contributions. Without proof of actual contribution by both
have contributed jointly if efforts consisted in the care and parties, there can be no presumption of co-ownership and
maintenance of the family and the household equal sharing
Fruits of Separate
Not included in co-ownership
Property
Property acquired after
Exclusively owned by the property who acquired it
separation
Neither party can encumber or dispose by acts inter vivos of
his/her share in the property acquired during cohabitation and
owned in common, without the consent of the other, until after
Encumbrance or
the termination of their cohabitation
disposal of his/her share
But either spouse may alienate in favor of the other his/her share
in the properties co-owned
If the party who acted in bad faith is not validly married to
another, his/her share shall be forfeited in favor of their
Bad faith of one of the Share will be forfeited in favor of their common children, common children, descendants, or innocent party.
spouses descendants, or innocent party
Rules on forfeiture of shares will apply even if both are in bad
faith.