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Property Relation

Property Relation

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Published by Sui

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Published by: Sui on Aug 10, 2008
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Art. 74.
property relationship
between husband and wife shall be
in the following order:(1) By
marriage settlements
executed before the marriage;(2) By the provisions of 
this Code
; and(3) By the
local custom
. (118)
Spouses free to choose property regime before marriage, law is merelysuppletory to their will/choice
Art. 118 CC – any contract between man & woman who plan & intend to marryto fix prop regime that will govern properties during marriage for #1 and justcustoms for #3.
Art. 75.
The future spouses may, in the marriage settlements, agree upon theregime of 
absolute community, conjugal partnership of gains, completeseparation of property, or any other regime
. In the
of a marriagesettlement, or when the regime agreed upon is
, the system of 
absolutecommunity of property
as established in this Code shall govern. (119a)
Combine or use dowry system
Regime should be in accordance w/law and once chosen, it shall govern allproperties w/o exception
ACP if choice is void or there’s no marriage settlement
ACP rejected
local customs
Void: against nature & purpose of marriage, lib & rts of individuals or to morals& good customs, violate legal provisions of prohibitory/mandatory character,derogatory to authority of spouses or contrary to pub order or policy. Examples:provision prohibiting any party from marrying another, that they’ll liveseparately, imposing fine for fidelity, etc. (p.129)
Tolentino’s enumeration of regimes of prop relations1.Absorption – husband acquires ownership of all properties of wife at time of marriage including those that she may receive after2.Community – common patrimony to answer among others, for the family.Once dissolved, common prop is divided bet. spouses or heirsa.Absolute/Universal – all properties form single patrimonyb.Relative/Limited Common patrimony w/ some propertiesexclusively belonging to each of the spouses. May be communityof personal prop, acquisition, etc.3.Separation – spouses retain ownership of respective properties. May beabsolute, single administration (one party is assigned to administer/enjoyall properties) or dotal (wife’s prop divided to dowry & paraphernal)
If one stipulation’s void, other terms of marriage settlement are not affected
Art. 76.
In order that any
in the marriage settlements may be
,it must be made
before the celebration of the marriage, subject to theprovisions of Articles 66, 67, 128, 135 and 136
. (121)
66 & 67: effect of reconciliation, regime of separation continues unless partiesagree to revive it
128: spouse abandons other or fails to comply w/obligations, aggrieved mayfile for receivership/jud’l sep of prop or sole administration of conjugal prop
135 & 136: separation of prop permitted either by petition of one or bothspouse/s for just cause (civ. Interdiction, absentee, loss of parental authority,failed to comply w/Art. 101, granted administration but abused pow, separatedin fact for at least one year & recon highly improbable
Art. 77.
The marriage settlements and any
thereof shall be in
writing, signed by the parties and executed before the celebration
of themarriage. They shall not prejudice third persons unless they are
registered in thelocal civil registry
where the marriage contract is recorded as well as in the
proper registries of properties
. (122a)
w/ consent & signature of guardian (incapacitated except insane) or parents(bet. 18-21) if needed
CC Art. 122: allows even oral settlements
Extrajudicial agreement void
Effectivity of settlement: time of celebration of marriage & not subj tosuspensive/resolutory periods
Art. 78.
who according to law may contract marriage may also execute hisor her marriage settlements, but they shall be
valid only if the personsdesignated in Article 14 to give consent to the marriage are made parties
tothe agreement, subject to the provisions of Title IX of this Code. (120a)
18-21 years old, guardian should sign
father, mother, surviving parent or guardian, persons having legal charge of them (art. 14), but title ix says, under joint parental authority of mom & dad
Art. 79.
For the validity of any marriage settlement executed by a person uponwhom a sentence of 
civil interdiction
has been pronounced or who is subject toany
other disability
, it shall be indispensable for the
appointed by acompetent court to be made a
thereto. (123a)
Art. 80.
In the
absence of a contrary
stipulation in a marriage settlement, the
property relations
of the spouses shall be
governed by Philippine laws,regardless
of the
place of the celebration
of the marriage and their
.This rule
shall not apply
:(1) Where
spouses are
;(2) With respect to the extrinsic validity of contracts affecting
property notsituated in the Philippines and executed in the country where the propertyis located
; and(3) With respect to the extrinsic validity of contracts
entered into in thePhilippines
but affecting
property situated in a foreign country
whose laws
require different formalities
for its extrinsic validity. (124a)
CC Art. 124 – husband’s national law governs their properties
General rule: nationality theory
#1: their national law will apply
#2 & 3: lex situs or law of country where property is located
Art. 81.
stipulated in the settlements
or contracts referred to in thepreceding articles in consideration of a future marriage, including
donationsbetween the prospective spouses
made therein, shall be rendered
void if themarriage does not take place
. However,
stipulations that do not dependupon the celebration of the marriages shall be valid
. (125a)
valid stipulations: recognition of illegitimate children
CC Art. 132 (2): donations propter nuptias void but still has to be revoked bydonor
Art. 82.
Donations by reason of marriage are those which are made
before itscelebration, in consideration of the same, and in favor of one or both of thefuture spouses
. (126)
Excluded: gifts after marriage, not in consideration of marriage & in favor of others like parents or children from previous marriage. They’re governed byprovisions on ordinary donations
Propter Nuptias vs Ordinary donations
Express acceptance not neededExpress acceptance neededMinors allowedMinors not allowedMay include future properties (wills)Can’t include future propertiesDonated & prop regime is not ACP,limited to 1/5No limit as long as legitimes are notimpairedGrounds for revocation – Art. 86Grounds – law on donations
Art. 83
. These donations are
governed by the rules on ordinary donations
established in Title III of Book III of the Civil Code, insofar as they are not modifiedby the following articles. (127a)
Amends Art. 127 CC w/c states it shall be governed by Statute of Frauds
Art. 84.
If the future spouses agree upon a
regime other than the absolutecommunity of property
, they
cannot donate
to each other in their
marriagesettlements more than one-fifth of their present property
. Any excess shallbe considered void.
Donations of future property
shall be governed by the provisions on
testamentary succession and the formalities of wills
. (130a)
Limits not applicable if regime is ACP
Donations of future property may be revoked. It takes effect upon death of donor & only spouses can make these donations.
Donations of present property, revocable only if marriage does not take place.
Art. 85.
Donations by reason of marriage of 
property subject to encumbrances
shall be
. In case of 
of the encumbrance and the property is soldfor
less than the total amount of the obligation secured
, the
donee shall notbe liable
for the deficiency. If the property is sold for
more than the totalamount
of said obligation, the
shall be
entitled to the excess
. (131a)
CC Art. 131: release prop donated from mortgages & other encumbrancesexcept easements unless contrary’s stipulated
Art. 86.
A donation by reason of marriage may be
by the donor
in thefollowing cases:(1) If the
marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be governed byArticle 81;(2) When the marriage takes place
without the consent of the parents orguardian
, as required by law;(3) When the marriage is
, and the
donee acted in bad faith
;(4) Upon
legal separation
, the
donee being the guilty spouse
;(5) If it is with a
resolutory condition and the condition is complied with
;(6) When the
has committed an
act of ingratitude
as specified by theprovisions of the Civil Code on donations in general. (132a)
#1: if under marriage settlement, it’s automatically void under Art. 81
void ab initio & donee acted in bad faith & donor is other spouse, automaticrevocation by operation of law
annulment, if donor’s spouse, automatic revocation by operation of law
acts of ingratitude: offense against person, property, honor of donor, his wife orchildren under his parental authority, imputes to donor any criminal offense oract involving moral turpitude, unless crime was committed against donee, hiswife or children under his parental authority, donee refuses to support donorwhom he’s legally/morally bound to support (CC Art. 765)
Prescriptive Periods for filing action for revocationLegal Sep5 years (FC Art. 64)1.Marriage not celebrated (exceptif in marriage settlement,automatic)2.Void ab initio3.Resolutory Condition compliedwith
Written donation
Oral donation10 yrs (CC Art. 1144 par. 1)6 years (CC 1145 par. 1)1.Without parental consent2.Annulled4 years (Art. 1146 par. 1) – injurynot founded on contractAct of ingratitude1 year from donors knowledge
Art. 87.
or grant of gratuitous advantage,
direct or indirect
,between the spouses
during the marriage shall be void
except moderate gifts
which the spouses may give each other on the occasion of any family rejoicing. The

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