5.

Registered in the Civil Registrar

TITLE IV: PROPERTY RELATIONS BETWEEN
ARTICLE 78 (DEAD LAW)
HUSBAND AND WIFE
CHAPTER I: PROPERTY RELATIONS
ARTICLE 80
ARTICLE 74
The property relations shall be governed by Philippine laws
Property Relations of the spouses shall be governed by: if both or one of them is a Filipino. However, spouses may choose a
place whose laws shall govern their property relations PROVIDED that
1. Marriage Settlement before the marriage,
there is REASONABLE CONNECTION between the choice and the
2. By the provisions of the Family Code, and
governing law.
3. By local custom.
ARTICLE 81
ARTICLE 75
Non-celebration of marriage shall render the marriage
The following are the property regimes:
settlement void EXCEPT donations because these do not depend
1. Absolute Community upon the celebration of the marriage.
2. Conjugal Partnership
3. Absolute Separation

ARTICLE 76 CHAPTER II: DONATIONS

Property Settlements shall be made BEFORE the marriage (Principle ARTICLE 82

of Immutability of Property, Arts. 75-77.) Donations by reason of marriage are those which are made before
ARTICLE 77 its celebration and in favor of the future spouses.

Marriage Settlements must be (SEWAR): Donation Propter Nuptias – “propter” means “before.”

1. Signed by the parties thereto

2. Executed before the marriage (Art. 76) ARTICLE 83
3. In writing
4. The actual celebration of marriage Donations are governed by Title III of Book III of the Civil Code.
Note: Donation propter nuptias must be accepted, for no one may
compelled to accept the generosity of another.
ARTICLE 84
Future spouses cannot donate to each other in their
marriage settlements more than 1/5 of their present property.
ARTICLE 85
Property collaterals may be donated but the real rights
(obligations or unsettled debts to such) cannot be transferred to the
donee. Furthermore, the donee shall not be held liable in case of
deficiency.
ARTICLE 86
The donor may revoke his donation in the following cases:
1. If the marriage is not celebrated or the judicially declared
void ab initio
2. Marriage takes place without the consent of the parents or
guardians (marriage of 18-21 years old)
3. Marriage is annulled, and the donee acted in bad faith
(having been abusive)
4. Upon legal separation, the donee being the guilty spouse
5. If it is with a resolutory condition and the condition is
complied with
o Resolutory Condition: when the condition is
complied with, the obligation ends.
6. Donee committed an act of ingratitude.
ARTICLE 87
Spouses CANNOT donate to each other DURING THE
MARRIAGE directly or indirectly, except moderate gifts which the
spouses may give each other on any family rejoicing.
Reasons:
1. To protect creditors.
o Why? Because properties are not easily revoked if
they were “donated” as part of the absolute
community property.
2. To prevent influence by the stronger spouse
3. To prevent indirect violation of the rule prohibiting
modifications of the marriage settlement during the
existence of marriage.
CHAPTER III: ABSOLUTE COMMUNITY
Entering absolute community of property:
1. Marriage Settlement
2. Non-execution of marriage settlement
ARTICLE 88
Absolute community shall commence at the precise
moment that the marriage is celebrated. It is precise when the
parties take each other as husband and wife.
 ARTCILE 89
No waiver of rights, interests, share, and effects of the
absolute community of property during the marriage can be made
except in case of judicial separation of property. (Same as Art. 87)
ARTICLE 90
The rules on co-ownership shall apply to absolute
community of property. Absolute community is a SPECIAL FORM OF
CO-OWNERSHIP.
ARTICLE 91
All properties owned by the spouses shall form part of the
absolute community property at the time of the celebration of the
marriage. This also includes money that may have come from the
efforts of either spouse.
ARTICLE 92
EXCEPTIONS TO THE PRECEDING ARTICLE:
1. Property acquired during the marriage by gratuitous title.
2. Property for personal and exclusive use of either spouse (ex.
Toothbrush, underwear); however, jewelry shall form part of
the community.
3. Legitimes including the fruits.
Note: Even in absolute community, there are still separate properties.
ARTICLE 93
Property acquired DURING the marriage shall form part of
the community property unless the contrary is provided.
ARTICLE 94
The absolute community of property shall be liable for the
following:
1. The support of spouses, their common-children, legitimate
children of either spouse, and illegitimate children which
shall be governed by this Code on Support.
2. Debts and obligations contracted during the marriage for the
benefit of the community, or by both spouses, or by one
spouse with the consent of the other.
3. Debts and obligations contracted without the consent of
either spouse to the extent that the family may have been
benefited.
4. All taxes, liens, charges and expenses, including major or
minor repairs, upon the community property.
5. Taxes and expenses for mere preservation made during the
marriage.
6. Expenses to enable either spouse commence of complete
education for self-improvement.
7. Antenuptial debts which redounded to the benefit of the
family.
o Antenuptial Debts – debts incurred before the
marriage.
Furthermore, if the community property is insufficient to
cover the liabilities, the spouses shall be solidarily liable for the
unpaid balance with their separate properties.
 ARTICLE 95
Any game of chance, sweepstakes or gambling, the losing
spouse shall bear the liability, but any winnings shall form part of
the absolute community.
ARTICLE 96
The administration of the absolute community shall belong
to both spouses jointly. Disposition or encumbrance of the same
shall require the consent of either spouse. In case one of them is
incapacitated to administer the community property, the other
spouse may assume sole powers of administration.
ARTICLE 97
Either spouse may dispose by will of his or her interest in
the community property. (ex. Church tithes and offerings)
ARTICLE 98
Donations from the community property shall not be
countenanced. However, either spouse may make moderate
donations from it for charity or on occasion of family rejoicing or
distress.
ARTICLE 99
Termination of absolute community of property (DDMJ):
1. Death of either spouse
2. Decree of Legal Separation
3. Marriage is annulled or judicially declared null and void
 Needs to have judicial declaration
4. Judicial Separation of Property under Articles 134 and 138
ARTICLE 100
Separation de facto shall not affect the community property
EXCEPT:
1. The spouse who leaves the conjugal home and refuses to live
therein, without just cause, shall not have the right to be
supported.
2. Judicial authorization shall be required to any transaction
made by either spouse.
3. Where the community property is insufficient to cover
liabilities, the separate properties of the spouses shall be
solidarily liable.
 The spouse present shall file for a judicial authority
administer the separate property of the other
spouse.
ARTICLE 101
If a spouse leaves or abandons the conjugal dwelling and his
or her obligation in the family, the aggrieved spouse may file for
petition for receivership, or judicial separation of property or
judicial authority to be the sole administrator of their community
property.
A spouse is deemed to have abandoned the conjugal
dwelling without any intention of returning or his or her
whereabouts are unknown for a period of 3 months.
 ARTICLE 102

Procedure upon the dissolution of the absolute community

of property:

1. Separate listing of absolute community property and

separate properties of both spouses
2. Payment of debts shall be settled by the absolute community
property. If insufficient, the separate properties of the
spouses are solidarily liable.
3. The erring spouse or spouse acted in bad faith shall forfeit his
or her share of the net profits in favor of the COMMON
CHILDREN, CHILDREN OF THE GUILTY SPOUSE FROM HIS/HER
PREVIOUS MARRIAGE, or THE INNOCENT SPOUSE in the
order mentioned.
4. The presumptive legitimes of the common children shall be
delivered. If legitimate child, ½ of the share. If with
illegitimate child, ½ of the share of the legitimate child.