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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
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
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
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.