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Clarence Tiu, Ateneo Law 1-B, Marriage Table

Void Void under Art. 40 Voidable/ Annullable Terminated Legal Separation


Grounds Art. 35: Art. 40: Art. 45: Art. 42: Art. 55:
1. Below 18 years • Contracting of 1. Marriage was contracted • Subsequent 1. Repeated physical
2. Solemnized by a subsequent by party aged 18-21 valid violence or grossly
person without marriage 2. Insanity (Unsound mind) bigamous abuse of conduct
Authority. without first 3. Fraud, Art. 46: marriage 2. Physical violence or
(Exception if one of obtaining a a. Non-disclosure of under Art. 41 moral pressure to
the parties is in judicial a previous shall be compel petitioner to
good faith) declaration of conviction by final terminated change religious/
3. No marriage license nullity for the judgment of a automatically political affiliation
subject to previous void crime involving upon the 3. Attempt to corrupt
exemptions marriage. moral turpiture recording of or connivance in
4. Bigamous/ b. Concealment by the affidavit of corruption to
polygamous the wife of the fact reappearance engage in
5. Mistake in Identity that at the time of of the absent prostitution
6. Void under 53 marriage by a man spouse 4. Final judgment
Art. 36: Psychological other than her sentence of more
incapacity husband (with bad than 6 years, even if
Art. 37: Incestuous faith) pardoned
Art. 38: Against public c. Concealment of 5. Drug addiction or
policy sexually habitual alcoholism
Art. 44: Both parties are in transmissible 6. Lesbianism or
bad faith in the subsequent disease, homosexuality
valid regardless of its 7. Contracting a
bigamous marriage. nature subsequent
Art. 53: Failure to comply d. Concealment of bigamous marriage
with the requirements of Art. drug addiction, 8. Sexual infidelity or
52: habitual perversion
• Judgment of nullity alcoholism or 9. Attempt against the
or annulment, homosexuality/ life of the petitioner
partition/ lesbianism 10. Abandonment for
distribution/ 4. Vitiated consent (force, more than 1 year,
liquidation of the intimidation, or undue without justifiable
properties, delivery influence cause
of presumptive 5. Physical incapacity to
legitimes should be consummate marriage
recorded in the 6. Either party was afflicted
proper civil with a sexually
registries and transmissible disease that
registries of is serious or incurable
property
Prescriptive Act. 39: Action or defense for the declaration of absolute Art. 47: Art. 42: Terminated Art. 57: Within 5 years from
Period nullity does not prescribe 1. No parental consent upon the the time of the occurrence of
SC Res. No. 02-11-10: Took effect on March 15, 2003, • If suit will be filed by reappearance of the the cause
provides that for marriages celebrated during the effectivity parents/guardians, subsequent spouse
of the Family Code, only the spouses may file an action for anytime the no-
nullity, thus it is prescriptible within the lifetime of the parties consent party reaches
• If the marriage took place before the effectivity of the age of 21
the family code or the action for nullity was • If suit will be filed by
instituted before March 15, 2003, any party of real no-consent party,
interest may file a case for nullity. within 5 years after
attaining 21
2. Insanity
• If suit filed by Sane
spouse provided he
had no knowledge of
the insanity during
time of marraige or
relatives/guardian, at
any time before death
of either party
• If by insane spouse,
during his lucid interval
or after regaining
sanity
3. Fraud
• By the injured party,
within 5 years after the
discovery of the fraud
4. Vitiated consent
• By the injured party,
within 5 years from the
time the force,
intimidation, or undue
influence disappeared/
ceased
5. Physical incapacity to
consummate marriage/
Incurable STD
• By the injured party,
within 5 years after the
marriage ceremony
Clarence Tiu, Ateneo Law 1-B, Marriage Table
Void Void under Art. 40 Voidable/ Annullable Terminated Legal Separation
Direct Attack SC Res. No. 02-11-10: Took effect on March 15, 2003, Art. 47: (see enumeration in Art. 42: Any interested Only the innocent party can
provides that for marriages celebrated during the effectivity prescriptive period above.) party may file the file a case for legal
of the Family Code, only the spouses may file an action for affidavit of separation (Inferred from Art.
nullity reappearance but he 55)
• If the marriage took place before the effectivity of should have a direct
the family code or the action for nullity was interest in the former
instituted before March 15, 2003, any party of real or subsequent
interest may file a case for nullity. marriage

When is Direct attack needed/Judicial declaration of nullity needed


1. Art. 40: For purposes of remarriage
2. Art. 43/50: For purposes to consider the donation propter nuptias
void by operation of law
3. Art. 86: For the donor to revoke the donation propter nuptias.

Not necessary but allowed:


Ninal vs Bayadog (2002): For other purposes such as determination
of heirship, legitimacy, or illegitimacy of the child, settlement of the
estate, etc. The clause in Art. 40 connotes that such fianl judgment
need not be obtained only for purpose of remarriage
Collateral Attack Allowed, any party of real interest can collaterally attack Not allowed, such marriage can N/A N/A
where determination of validity of marriage is necessary to only be attacked by a direct suit
give rise to certain rights or to negate certain rights since in spite of its annulment, it is
deemed valid until annulled.
Ratification Void marriages cannot be ratified Art. 45: N/A N/A
1. No-consent of party 18-21
years
• No-consent party
may ratify after upon
reaching the age of 21
by free cohabitation
2. Insanity
• Can only be ratified by
the insane spouse
upon after coming to
reason by free
cohabitation
3. Fraud
• Upon knowledge/
discovery of the
injured spouse of the
fraud, can be ratified
by free cohabitation
4. Vitiated consent
• Upon disappearance
of the force,
intimidation, or undue
influence, can be
ratified by the injured
spouse by free
cohabitation
5. Physical incapacity to
consummate/ Incurable
STD
• Cannot be ratified by
the parties, ratified
only once it passes the
prescriptive period for
annulment
Status of Void ab initio Valid until annulled Valid until terminated extra- No dissolution of marriage, only bed
Marriage judicially and board separation
Status of Illegitimate, except in cases Illegitimate Art. 54: Legitimate provided they Art. 43: Legitimate if Legitimate
Children of void under Art. 36 and 54. are conceived/born prior to the conceived or born
• Art. 54: Children final and executory judgment of prior to termination
born under void annulment
marriages Art. 36
and 53 are
legitimate provided
they are conceived/
born before the final
and executory
judicial declaration
of nullity
Clarence Tiu, Ateneo Law 1-B, Marriage Table
Void Void under Art. 40 Voidable/ Annullable Terminated Legal Separation
Dissolution, Art. 147 and 148 Art. 43/50: Dissolved and liquidated with the respective property regime, as the case may be. Art. 63: Dissolved and
Liquidation, and • Share spouse who was in bad faith in contracting the marriage in the net profits of the liquidated but the offending
Distribution of Bad faith and Share in the co- community/conjugal property shall be forfeited in this order: spouse has no right to any
Property ownership 1. Common children share of the net profit
(See property 2. Legitimate children of the guilty spouse by a previous marriage earned by the community/
regime table) Art. 147: When only one of the 3. Innocent spouse conjugal properties which
parties to a void marriage is in Art. 102: Procedure to apply for dissolution of ACP will forfeited in accordance
good faith, the share of the party •For purposes of computing the net profits subject to forfeiture in accordance with Art. 43 and of Art. 43.
in bad faith in the co-ownership 63, the said profits shall be the increase in value between the market value of the Art. 102: Procedure to apply
shall be forfeited in favour of their community property at the time of the celebration of marriage and the market value at the for dissolution of ACP
common children.  time of its dissolution. •For purposes of
■ In case of default or waiver computing the net
by an or all of the common profits subject to
children or their forfeiture in
descendants, each vacant accordance with Art.
share shall belong to the 43 and 63, the said
respective surviving profits shall be the
descendants. In the absence increase in value
of such descendants, such between the market
share shall belong to the value of the
innocent party.  community property
■ In all cases, the forfeiture at the time of the
shall take place upon celebration of
termination of the marriage and the
cohabitation. market value at the
time of its
Art. 148: dissolution.
1.If one of the parties is validly
married to another, his or her share
in the co-ownership shall accrue to
the absolute community or
conjugal partnership existing in
such valid marriage.
• If party in bad faith is not
validly married to another,
his or her share shall be
forfeited in the manner
provided in the last
paragraph of Art. 147.
• The foregoing rules on
forfeiture shall likewise apply
even if both parties are in
bad faith.

Donations Art. 81: Donations made in Art. 43/50: Donations propter nuptias shall remain valid, except that if the donee contracted the Art. 64/86: Innocent donor
propter nuptias the marriage settlement marriage in bad faith, such donations made to said donee shall be revoked by operation of law spouse may revoke the
shall be void if the Art. 44/50: If both parties are in bad faith, all donations propter nuptias, shall be revoked by donations made in favor of
marriage does not take operation of law offending spouse, who is the
place. Art. 86: Donations propter nuptias may be revoked by the donor if the marriage is annulled and the donee, within 5 years from
Art. 86: Donation propter done acted in bad faith (Art. 43 or 86 may apply) the time the decree of legal
nuptias may be revoked by separation has become final
the donor if marriage is Such revocation shall be
judicially declared void ab recorded in the registries of
initio (Direct attack/ judicial property where the
declaration of nullity properties are located
required). Revocation
should be made within 5 Art. 739: Donations between
years from the moment the persons who are guilty of
marriage is not solemnized adultery or concubinage at
on a fixed date. the time of donation shall be
• Art. 1149 of the Civil void.
Code provides that
where no period are
fixed, all actions
must be brought
within 5 years from
the time the right of
action accrues.
Art. 44: If void under Art. 44,
where both parties are in
bad faith in contracting the
subsequent marriage by
virtue of the declaration of
presumptive death,
donations propter nuptias
shall be void and revoked by
operation of law.
Designation as Art. 43/50: Innocent spouse may revoke the designation of the bad faith spouse as a beneficiary in Art. 64: Innocent spouse
the beneficiary any insurance policy, even if such designation is stipulated as irrevocable. may revoke the designation
in an insurance of the offending spouse as a
policy beneficiary in an insurance
policy, even if stipulated as
irrevocable. The revocation
shall take effect upon written
notification to the insured
(Should be insurer)
Succession Art. 43/50: Spouse who contracted the marriage in bad faith shall be disqualified to inherit from Art. 63: Offending spouse is
the innocent spouse by testate and intestate succession. disqualified from inheriting
by intestate succession,
Art. 44/50: If both spouses acted in bad faith, testamentary dispositions made by one in favor of testamentary provisions
the other are revoked by operation of law made to him will also be
revoked by operation of
law
Delivery of the Not required Art. 50: Final judgment of nullity/annulment shall provide for the delivery of Not required Not required
children’s the children’s presumptive legitimes unless such matters have been
presumptive adjudicated in previous judicial proceedings
legitime
Clarence Tiu, Ateneo Law 1-B, Marriage Table
Void Void under Art. 40 Voidable/ Annullable Terminated Legal Separation
Custody of Illegitimate children: Mother Art. 50: Written agreement by spouses, in the absence of which, Art. 43: Determined by the Art. 63: Custody of the minor
Children since father has no parental the court will decide in this order of preference: Court children shall be awarded to the
authority over illegitimate 1. Joint custody innocent spouse
child. 2. Either parent, in consideration of paramount interest of
child
Legitimate children under 3. Surviving grandparent
Art. 36 and 53: 4. Eldest brother/sister over 21 years
5. Any other person deemed suitable

Note: Father has no parental authority over illegitimate child


Clarence Tiu, Ateneo Law 1-B, Property Regime Table
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
Property Parties are capacitated/ Parties are not capacitated/
Without legal impediment With legal impediment
Relevant Will govern if: Will govern if: Can only govern if: When a man and a woman Marriages that fall under Art.
Information There was not marriage settlement or such settlement 1. Stipulated in the marriage settlement 1. Stipulated in the Marriage who are: 148
is void 2. Marriages without a marriage settlement prior to the Settlement 1. Capacitated to 1.Man and woman living
family code 2. Judicial Order marry each other together as husband and wife,
3. If one of the contracting 2. Live exclusively without the benefit of
parties was had a former with each other as marriage, but are not
marriage terminated by death husband and wife  capacitated to marry each
and he failed to liquidate the 3. Without the benefit other
properties of such previous of a valid marriage or 2. Adulterous relationship
marriage. under a void even it occurred prior to the
marriage effectivity of the Family Code
(Atienza vs De Castro)
Marriages that fall under Art. 3. Void under Art. 35
147: ■ (1)- Under 18 years
1. Man and woman living ■ (4)- Bigamous/
exclusively as husband and Polygamous
wife and are capacitated to ■ Void under Art. 37,
marry each other but did not Incestuous
contract marriage ■ Void under Art. 38,
2. Void under Art. 35  Against public policy
1. (2)- Solemnized by
person not authorized 
2. (3)- Solemnized
without a marriage
license
3. (5)- Mistake in
Identity
4. Void under Art. 36,
Psychological
Incapacity
5. Void under Art. 44,
Both parties are in bad
faith in contracting the
subsequent valid
bigamous marriage
under Art. 41
6. Void under Art. 53,
Failure to comply with
Art. 52
Clarence Tiu, Ateneo Law 1-B, Property Regime Table
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
Property Parties are capacitated/ Parties are not capacitated/
Without legal impediment With legal impediment
Composition Art. 91: Consists of all the property owned by the Art. 106: Proceeds, products, fruits, and income Art. 144: Property not agreed Art. 147: Structure of Art. 148: Structure of
spouses at the time of celebration of the marriage or from their separate properties and those acquired by upon as separate shall pertain property relationship: property regime: Limited co-
acquired thereafter either or both through their efforts or by chance. to the absolute community. Special type of co- ownership
•Unless provided in this chapter or in the Art. 115: Retirement benefits, pensions, and annuities if ownership
marriage settlements the spouse is entitled to is as a matter of right. 1. Only the properties
•Properties acquired through separate Art. 116: All property acquired during the marriage, 1. Their wages and salaries acquired by both of the
properties form part of the community whether the acquisition appears to have been made, shall be owned them in equal parties through their actual
property since such are not classified as contracted, or registered in the name of one or both shares joint contribution of money,
excluded under Art. 91 and 92. spouses, is presumed to be conjugal unless the 2. Property acquired while property, or industry shall be
contrary is proved. they lived together shall be owned by them in common in
Art. 95: Winnings from games of chance Art. 117: The following are considered conjugal presumed to have been proportion to their respective
Art. 93: Property acquired during the marriage will partnership properties obtained  by their joint contributions
always be presumed to be community property unless 1. Those acquired by onerous title during the efforts, work, or industry, 2. The respective shares of
it is proved that it is one of those excluded therefrom marriage at the expense of the common fund and shall be owned by them the parties over the properties
2. Obtained from the labor, industry, work, or in equal shares. owned in common are
profession and occupation such as fishing or ■ Only upon the presumed to be equal.
hunting absence of proof will However, proofs may be
3. The fruits, natural, industrial, or civil, due or the presumption arise shown to show that their
received during the marriage from the common ■ For purposes of this contribution and respective
property, as well as the net fruits from the article, a party who did shares are not equal. Without
exclusive property of each spouse. not participate in the proof of actual contribution
4. Share of either spouse in the hidden treasure acquisition by the by both parties, there can be
which the law awards to the finder or owner of other party of any no presumption of co-
the property where the treasure is found property shall be ownership and equal
5.Livestock existing upon the dissolution of the deemed to have sharing. (Villanueva vs CA)
partnership in excess of the number of each contributed jointly in • Proof of contribution
kind brought to the marriage by either spouse the acquisition thereof necessary, no
6. Those acquired by chance, such as winnings it the former's efforts presumption of joint
from gambling or betting. consisted in the care contribution. 
and maintenance of • Presumption arises
Art. 118: Property bought before the marriage on the family and of the only if contribution is
installments paid partly from exclusive funds and partly household proven but the actual
from conjugal funds if full ownership vested during 3. Neither party can contribution by each
the marriage (subject to the proper reimbursements encumber or dispose by respective party
upon liquidation.) acts inter vivos of his or her cannot be proven, in
share in the property acquired which case the
Art. 119: Interests on the principal collected during during cohabitation and presumption is that
the marriage from an amount or credit payable to one of owned in common, without they contributed
the spouses the consent of the other, until equally.
Art. 120: Separate property of one of the spouses after the termination of their • The rule and
subjected to improvements at the expense of the cohabitation.  presumption
conjugal property, if the cost of the improvements and ■ However, either mentioned above shall
resulting increase in value are more than the value of spouse may alienate apply to joint deposits
the property at the time of improvement, shall belong to in favour of the other of money and
the conjugal partnership his or her share in evidences of credit.
• But ownership will vest only upon the property co-
reimbursement which shall be made at the time owned. 3. If one of the parties is
of liquidation of the conjugal partnership. ■ But no one can validly married to another,
•If no reimbursement is made, ownership by the donate or waive any his or her share in the co-
spouse will be retained interest in the co- ownership shall accrue to the
ownership that would absolute community or
Jurisprudence: constitute an indirect conjugal partnership existing
1. Damages granted by the courts in favor of any or direct grant of in such valid marriage.
spouse arising out of a contract solely financed by the gratuitous advantage • If party in bad faith
conjugal partnership property, which was unduly to the other which is is not validly married
breached by a third party (Zulueta vs Pan American void pursuant to Art. to another, his or her
World Airways, Inc.) 87 share shall be
2. Damages arising out of the illegal detention of the 4. When only one of the forfeited in the
exclusive property of any of the spouses shall pertain to parties to a void marriage is manner provided in
the conjugal partnership if such detention deprive the in good faith, the share of the last paragraph of
partnership of the use and earning of the same. the party in bad faith in the Art. 147.
(Bismorte vs Aldecoa) co-ownership shall be • The foregoing rules
forfeited in favour of their on forfeiture shall
common children.  likewise apply even if
Property bought during the marriage paid partly ■ In case of default or both parties are in bad
from exclusive property and partly from conjugal waiver by an or all of faith.
property, by virtue of the application of the spirit of Art. the common children
118, is conjugal property. Subject to the same or their descendants,
reimbursement scheme in Art. 118. each vacant share
•Unless such amounts from the conjugal shall belong to the
property were agreed as loans by the buyer- respective surviving
spouse. descendants. In the
Clarence Tiu, Ateneo Law 1-B, Property Regime Table absence of such
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime
descendants, suchof Unions Without Marriage
Property share
Parties areshall belong to
capacitated/ Parties are not capacitated/
Withoutthelegal
innocent party. 
impediment With legal impediment
■ In all cases, the
Exclusions/ Property before the marriage Property before the marriage Art. 144: Properties agreed Valdez vs RTC
forfeiture shall take Malilin vs Castillo (2000):
Separate Art 91: Exclusions stipulated in the marriage Art. 109: The following shall be the exclusive property upon as separate in the 1.Property acquired
place upon by 1.The salaries and wages are
Properties of settlement from the community property of each spouse: marriage settlement either oftermination
the partiesof the separately owned by the
each spouse Art. 92: The following are excluded from the community 1. That brought to the marriage as his/her own exclusively by his or her own parties and if any of the
cohabitation.
property: Art. 145: All earnings from his fund belongs to such party spouse is married, his or her
1. Property for personal and exclusive use of Art. 118: Property bought before the marriage on or her profession, business or provided that there is proof salary is the property of the
either spouse, except jewelry and other installments paid partly from exclusive funds and partly industry and all fruits, natural that he or she acquired it by conjugal partnership of gains
expensive property from conjugal funds if full ownership vested before industrial, or civil due or exclusive funds of such legitimate marriage
2. Property acquired before the marriage the marriage (subject to the proper reimbursements received during the marriage ■ Title of property 2. Property solely acquired
and the income/fruits thereof by either spouse upon liquidation.) from his or her separate named after spouse is by funds of any of the parties
who has legitimate descendants by a former property. a proof but not belongs to such party
marriage, legitimate children of void marriages Property during the marriage sufficient
under 36 and 53, and adopted children. Art. 109: The following shall be the exclusive property 2.The fruits of the couple's
of each spouse: separate property are not
Property during the marriage 2.That which each acquires during the marriage included in the co-ownership
Art. 92: The following are excluded from the community by gratuitous title (excluding the fruits and (Valdes vs RTC)
property: income thereof) 3. Property acquired by any of
1.Property acquired during the marriage by 3. Acquired by right of redemption, by barter the parties after separation
gratuitous title as well as the income and or by exchange with their separate property shall be exclusively owned by
fruits thereof. Unless expressly provided by 4. That purchased with exclusive money by the party who acquired it;
the donor that it will form part of the community either spouse.
property
2. Property for personal and exclusive use of Villanueva vs IAC; Tan vs CA: If the property was
either spouse, except jewelry and other acquired by gratuitous title such as by way of
expensive property succession, the said property is separate property
regardless of whether it was acquired before or after
Villanueva vs IAC; Tan vs CA: If the property was the marriage.
acquired by gratuitous title such as by way of
succession, the said property is separate property Art. 113: Property donated or left by will to the spouses
regardless of whether it was acquired before or jointly and with designation of determinate shares (if no
after the marriage. designation, it will be equal 50-50), shall pertain to the
donee-spouse as his or her own exclusive property,
without prejudice to the right of accretion when proper.
Matthews vs Taylor: Foreigners cannot own land
except through intestate succession, if a foreigner Art. 115: Retirement benefits, pensions, and annuities if
marries a Filipino, the Philippine lands are only owned it is gratuitous or given through an act of pure liberality
by the Filipino. Aliens cannot have an interest in lands
part of community property. Art. 119: Sums collected during the marriage in partial
payments or by installments comprising the principal
from amounts or credit payable belonging to one of the
spouses owning such credit.

Jurisprudence:
1. Patrimonial and moral damages awarded to one of
the spouses as a result of physical injuries inflicted by a
third party, said damages belong exclusively to the
injured spouse. (Lilius vs Manila Railroad Co.)
Clarence Tiu, Ateneo Law 1-B, Property Regime Table
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
Property Parties are capacitated/ Parties are not capacitated/
Without legal impediment With legal impediment
Charges and Art. 73: Debts and obligations arising from immoral or Art. 121: CPGis liable for: Art. 146: Both spouses shall
Liabilities illegitimate profession contracted by a spouse without 1. Support of the spouses, their common bear the family expenses in
consent of the other if the benefit has accrued to the children, and legitimate children of either proportion to their income,
family after to the objection. spouse or in case of insufficiency or
•Or if the benefit accrues prior to the objection 2. Debts and obligations contracted during default thereof, to the current
but the 3rd party creditor is in good faith the marriage market value of the separate
• By the administrator for the benefit of properties. Liability of the
Art. 94: ACP is liable for: the family spouses to the creditors shall
1. Support of the spouses, their common • Both spouses be solidary.
children, and legitimate children of either • One spouse with the consent of the
spouse other
2. Debts and obligations contracted during 3. Debts and obligations contracted by either
the marriage spouse without the consent of the other to
• By the administrator for the benefit of the extent that the family may have been
the family benefited
• Both spouses •Art. 73: Debts and obligations arising
• One spouse with the consent of the from illegitimate profession by one
other spouse shall be borne by the ACP if the
3. Debts and obligations contracted by benefit to the family accrues after the
either spouse without the consent of the objection of the other spouse
other to the extent that the family may have 4. All taxes, liens, charges, and expenses,
been benefited including major or minor repairs, upon the
•Art. 73: Debts and obligations arising community property
from illegitimate profession by one 5. All taxes and expenses for mere
spouse shall be borne by the ACP if the preservation during marriage upon the
benefit to the family accrues after the separate (need not be used by the family as
objection of the other spouse income from such will form part of the CPG)
4. All taxes, liens, charges, and expenses, 6. Expenses to enable either spouse to
including major or minor repairs, upon the commence or complete a professional or
community property vocational course, or other activity for self-
5. All taxes and expenses for mere improvement
preservation during marriage upon the 7. Antenuptial debt insofar as they have
separate property has been used or is being redounded to the benefit of the family
used by the family 8. Value of what is donated or promised by
6. Expenses to enable either spouse to both spouses in favor of their common
commence or complete a professional or legitimate children for the exclusive purpose of
vocational course, or other activity for self- commencing or completing a professional or
improvement vocational course or other activity for self-
7. Antenuptial debt insofar as they have improvement
redounded to the benefit of the family 9.Expenses of litigation between spouses
8. Value of what is donated or promised by unless the suit is found to be groundless
both spouses in favor of their common
legitimate children for the exclusive purpose Art. 122: In case of insufficiency and after the
of commencing or completing a professional or obligations enumerated in Art. 121 have been covered
vocational course or other activity for self- CPG will be liable for:
improvement 1. Antenuptial debts that did not redound to the
9. Antenuptial debts not redounding to the benefit of the family
benefit of the family, support of illegitimate 2. Fines and indemnities imposed
children, liabilities incurred by by reason of a 3. Support of illegitimate children
crime or quasi-delict, in case of absence or •Spouse shall be charged for what has been
insufficiency of the separate property of the paid at the time of liquidation
debtor-spouse, payment to which shall be
considered as advances to be deducted from
the share of the debtor-spouse upon liquidation Art. 197: For the support of legitimate ascendants or
of community. descendants and legitimate or illegitimate brothers or
10.Expenses of litigation between spouses sisters, only the separate property of the person obliged
unless the suit is found to be groundless to give support will be liable. But in case of the obligor
has no separate property, the ACP or CPG may
Ayala Investment vs CA: Any loss resulting from the advance the support which shall be deducted from the
exercise of a profession or family business, even share of the spouse obliged upon liquidation of the
without the consent of the other, shall be chargeable to ACP/CPG.
the ACP as they are presumed to redoung to the • Contemplates a situation where only one of
benefit of the family. the spouse is liable for the support other than a
illegitimate child of such spouse, in which case
Art. 197: For the support of legitimate ascendants or the ACP/CPG will only be liable in case of
descendants and legitimate or illegitimate brothers or absence of separate property, note than if the
sisters, only the separate property of the person person claiming support, the ACP/CPG can
obliged to give support will be liable. But in case of the already be held liable in case of insufficiency
obligor has no separate property, the ACP or CPG of separate property of the debtor-spouse.
may advance the support which shall be deducted from
the share of the spouse obliged upon liquidation of the
ACP/CPG. Art. 310 of CivCode: Funeral expenses including the
• Contemplates a situation where only one of tombstoneClarence Tiu, Ateneo Law 1-B, Property Regime Table
or masoleum
theAbsolute
spouse isCommunity
liable for theofsupport
Property
other than a Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
illegitimate child of such spouse, in which case Property Parties are capacitated/ Parties are not capacitated/
the ACP/CPG will only be liable in case of Without legal impediment With legal impediment
absence of separate property, note than if the
Community/ 1.Debts and obligations that did not redound to the Art. 122: Personal debts and obligations that did not
person claiming support, the ACP/CPG can
Conjugal benefit of the family and contracted without the redound to the benefit of the family and contracted
already be held liable in case of insufficiency
Property consent of the other spouse (Francisco vs Garcia) without the consent of the other spouse
of separate property of the debtor-spouse.
cannot be 2. Taxes and expenses of separate properties never
held liable for been used by the family 1.Expenses of litigation between spouses if suit is
Art. 310 of CivCode: Funeral expenses including the
3.Expenses of litigation between spouses if suit is groundless.
tombstone or masoleum
groundless.
Art. 73: Debts and obligations arising from immoral or
Art. 73: Debts and obligations arising from immoral or illegitimate profession contracted by a spouse without
illegitimate profession contracted by a spouse without consent of the other if the benefit has accrued to the
consent of the other if the benefit has accrued to the family prior to the objection.
family prior to the objection. • Or if the third party creditor is in bad faith,
• Or if the third party creditor is in bad faith, then the separate properties of the guilty
then the separate properties of the guilty spouse would be liable regardless when the
spouse would be liable regardless when the benefit accrues.
benefit accrues. Art 117/123: Losses from games of chance which shall
Art. 95: Losses in games of chance be borne exclusively by the loser. (Both separate
properties will bear such losses if both spouses
consented)
Clarence Tiu, Ateneo Law 1-B, Property Regime Table
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
Property Parties are capacitated/ Parties are not capacitated/
Without legal impediment With legal impediment
Liability of the 1.Antenuptial debts not redounding to the benefit of the 1. Personal debts not redounding to the benefit of the
Separate family family
Property 2.Support of illegitimate children 2. Antenuptial debts composed of fines and indemnities
3.Liabilities incurred by by reason of a crime or quasi- imposed upon him or her
delict 3. Support of illegitimate children
•But ACP will be subsidiarily liable in case of absence in
accordance with Art. 94, par. 9. Art. 73: Debts and obligations arising from immoral or
illegitimate profession contracted by a spouse without
1.Debts and obligations that did not redound to the consent of the other if the benefit has accrued to the
benefit of the family and contracted without the family prior to the objection shall be chargeable to the
consent of the other spouse separate property of such debtor-spouse.
2. Taxes and expenses of separate properties never Art 117: Losses from games of chance which shall be
been used by the family borne exclusively by the loser. (Both separate
3. Expenses of litigation between spouses if suit is properties will bear such losses if both spouses
groundless. consented)

Art. 73: Debts and obligations arising from immoral or Art. 197: For the support of legitimate ascendants or
illegitimate profession contracted by a spouse without descendants and legitimate or illegitimate brothers or
consent of the other if the benefit has accrued to the sisters, only the separate property of the person obliged
family prior to the objection shall be chargeable to to give support will be liable. But in case of the obligor
the separate property of such debtor-spouse. has no separate property, the ACP or CPG may
Art. 95: Whatever may be lost during the marriage in advance the support which shall be deducted from the
any game of chance, betting, sweepstakes, or any share of the spouse obliged upon liquidation of the
other kind of gambling, whether permitted or prohibited ACP/CPG.
by law cannot be charged to the ACP. • Contemplates a situation where only one of
• If such losses were contracted by both the spouse is liable for the support other than a
spouses or one with the consent of the other, it illegitimate child of such spouse, in which case
shall be charged to both their respective the ACP/CPG will only be liable in case of
separate properties absence of separate property, note than if the
person claiming support, the ACP/CPG can
Art. 197: For the support of legitimate ascendants or already be held liable in case of insufficiency
descendants and legitimate or illegitimate brothers or of separate property of the debtor-spouse.
sisters, only the separate property of the person
obliged to give support will be liable. But in case of the
obligor has no separate property, the ACP or CPG
may advance the support which shall be deducted from
the share of the spouse obliged upon liquidation of the
ACP/CPG.
• Contemplates a situation where only one of
the spouse is liable for the support other than a
illegitimate child of such spouse, in which case
the ACP/CPG will only be liable in case of
absence of separate property, note than if the
person claiming support, the ACP/CPG can
already be held liable in case of insufficiency
of separate property of the debtor-spouse.
Clarence Tiu, Ateneo Law 1-B, Property Regime Table
Absolute Community of Property Conjugal Partnership of Gains Complete Separation of Property Regime of Unions Without Marriage
Property Parties are capacitated/ Parties are not capacitated/
Without legal impediment With legal impediment
Solidary Art. 70: The spouse are jointly responsible for the Art. 121 If the conjugal property is insufficient to cover
Liability of support of the family. The expenses for such support its liabilities, the separate property of the spouses shall
Separate and other conjugal obligations shall be paid from be solidarily liable for the unpaid balance
Property community property and in the absence thereof, the
income and fruits of the separate properties, and in the
absence of which, the separate properties.
Art. 94 If the community property is insufficient to cover
its liabilities, the separate property of the spouses shall
be solidarily liable for the unpaid balance
• Except those under paragraph 9 which are
antenuptial debts not redounding to the benefit
of the family, support of illegitimate children, or
liabilities incurred by by reason of a crime or
quasi-delict.
Termination Art. 99/126: Dissolution of the ACP/CPG:
of the ACP/ 1. Upon death of either spouse
CPG 2. Decree of legal separation
3. Marriage is annulled or declared void
•Contemplates void marriages under 40 and annulled marriages, properties liquidated under Art.
50 as generally in void marriages, there is no ACP and CPG rather properties are liquidated
under Art. 147 or 148

4. Judicial separation of property

Art. 43: Dissolution of the ACP/CPG of the subsequent valid bigamous marriage upon filing of affidavit of
reappearance
Clarence Tiu, Ateneo 1-B, Abandonment/Absence/PA Table
Abandonment Absentee Loss of Parental Authority
Relevant Complete cessation of family obligations Art. 384 of Civil Code: 2 years have Art. 228: Parental authority permanently
Information should be manisfested with intent to elapsed without any news about the terminates by:
abandon and without jutisfiable cause absentee or since the receipt of last news 1. Death of parent
or 5 years in case the absentee has left a 2. Death of child
Spouse who has left the conjugal dwelling person in charge of the administration of 3. Emancipation of child
for a period of 3 months or has failed within his property, in such case his absence may
the same period to give any information as be declared. Art. 229 of Civil Code: Parental authority
to his whereabouts shall be prima facie is terminated, subject to revival, by:
presumed to have no intention of returning Art. 385 of Civil Code: Who may ask for a 1. Adoption of child (except if the
to the conjugal dwelling. declaration of absence adopting parent is the spouse of
1.The spouse the biological parent)
2.Heirs instituted in a will 2. Appointment of a general
3. Relatives who may succeed by law of guardian
intestacy 3. Judicial declaration of
4. Those who may have over abandonment of the child
the property of the absentee some 4. Divestment of parental authority
right subordinated to the conduction of his by  final judgement
death may file for declaration of absence 5. Judicial declaration of absence
or incapacity of person exercising
Art. 386 of Civil Code: parental authority.
The judicial declaration of absence shall
not take effect until six months after its Art. 231 of Civil Code: Parental authority is
publication in a newspaper of general suspended if the parent:
circulation. 1.Treats the child with excessive
harshness or cruelty
2. Gives the child corrupting
orders, counsel or example
3. Compels the child to beg
4. Subjects or allows the child to
be subject to acts of
lasciviousness

Art. 232 of Civil Code: If the person


exercising parental authority
has subjected the child or allowed him to
be subjected to sexual abuse, such
person shall be permanently deprived by
the Court of such authority.

Legal Art. 55: Ground for legal separation if more N/A


Separation than 1 year without justifiable cause

ACP/CPG Art. 101/128: Ground for receivership, N/A


judicial separation of property or for
authority to be sole administrator of the
community/conjugal property

Involuntary Art. 135: Considered sufficient causes for Judicial Separation of Property
Separation of
Property
Transfer of N/A Art. 142: The administration of all classes N/A
administratio of exclusive property of either spouse may
n of exclusive be transferred by the court to the other
property spouse upon this ground
Other effects Art. 229: Terminates Parental Authority N/A
Clarence Tiu, Ateneo Law 1-B, Legitimacy Table
Legitimate Illegitimate
Presumption of Art. 164: Children conceived or born inside valid marriage Art. 165: Children conceived and born outside a valid marriage, unless
Law otherwise provided by this code
Art. 54: Children conceived or born before the final judgment of annulment
or nullity under Art. 36 and 53. Children born inside void marriages except those under Art. 36 and 53

Art. 164: Children conceived as a result of artificial insemination of the wife


with the sperm of the husband or that of a donor.

Art. 179: Legitimated children are legitimate

Impugning Only the husband may impugn the legitimacy of his child provided it is the N/A
natural child of his wife with another man
• Art. 171: His heirs substitute in his place if:
• He dies before the expiration of the period
• He dies after instituting the action
• He dies before the child is born
Art. 166:
Grounds:
1. Physical impossibility of access in the conception period of the child.
(First 120 days of the 300 days immediately preceding the birth of the child
1. Physical incapacity
2. Living separately where sexual intercourse would not have been
possible
3. Serious illness which absolutely prevented intercourse
2. Biological/ Scientific reasons except in artificial insemination
3. Vitiated consent in artificial insemination

Period:
Art. 170: 1 year from the knowledge of birth or its recording in the civil
register whichever is earlier
• 2 years if the child he resides inside the Philippines but outside
the city where the birth took place or was recorded
• 3 years if he resides abroad
Establishment Art. 173: Child may file an action to claim legitimacy which can be Art. 175: Child may file an action to claim illegitimate status in the same
transmitted to his heirs should the child: way and on the same evidence as legitimate children
• Die during minority
• State of insanity Art. 172: May be established by the child on the basis of:
Direct proof:
1. Record of birth appearing in:
Art. 172: May be established by the child on the basis of: 1. Civil register
Direct proof: 2. Final judgment
1. Record of birth appearing in: 2. Admission of legitimate filiation in a:
1. Civil register 1. Public document
2. Final judgment 2. Private handwritten instrument which is signed by the parent
2. Admission of legitimate filiation in a:
1. Public document Indirect proof:
2. Private handwritten instrument which is signed by the parent 1. Open and continuous possession of the status of a legitimate child
2. Any other means allowed by the Rules of Court and special laws
Indirect proof:
1. Open and continuous possession of the status of a legitimate child Rule 130 of Rules of Evidence/ People vs Mendoza (1991):
2. Any other means allowed by the Rules of Court and special laws Section 39. Act or declaration about pedigree. — The act or declaration of
a person deceased, or unable to testify, in respect to the pedigree of
Rule 130 of Rules of Evidence/ People vs Mendoza (1991): another person related to him by birth or marriage, may be received in
Section 39. Act or declaration about pedigree. — The act or declaration of evidence where it occurred before the controversy, and the relationship
a person deceased, or unable to testify, in respect to the pedigree of between the two persons is shown by evidence other than such act or
another person related to him by birth or marriage, may be received in declaration. The word "pedigree" includes relationship, family genealogy,
evidence where it occurred before the controversy, and the relationship birth, marriage, death, the dates when and the places where these fast
between the two persons is shown by evidence other than such act or occurred, and the names of the relatives. It embraces also facts of family
declaration. The word "pedigree" includes relationship, family genealogy, history intimately connected with pedigree.
birth, marriage, death, the dates when and the places where these fast
occurred, and the names of the relatives. It embraces also facts of family Section 40. Family reputation or tradition regarding pedigree. — The
history intimately connected with pedigree. reputation or tradition existing in a family previous to the controversy, in
respect to the pedigree of any one of its members, may be received in
Section 40. Family reputation or tradition regarding pedigree. — The evidence if the witness testifying thereon be also a member of the family,
reputation or tradition existing in a family previous to the controversy, in either by consanguinity or affinity. Entries in family bibles or other family
respect to the pedigree of any one of its members, may be received in books or charts, engravings on rings, family portraits and the like, may be
evidence if the witness testifying thereon be also a member of the family, received as evidence of pedigree.
either by consanguinity or affinity. Entries in family bibles or other family
books or charts, engravings on rings, family portraits and the like, may be Period: Art. 175: If direct proofs are used, within the lifetime of the child, if
received as evidence of pedigree. indirect proofs, within the lifetime of the alleged parent.

Period: Art. 173: Lifetime of the child, but if the right is transmitted to the
heirs, they shall have 5 years to institute the action.
Rights Art. 174: Art. 176
1. Bear the surname of the father and mother 1. Surname of the mother but if the father expressly recognizes their
2. Receive support filiation with direct proofs mentioned, he can use his surname
3. Entitled to legitime and other successional rights 2. Receive support
3. Entitled to legitime consisting 1/2 of that of the legitime of a legitimate
child.

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