Persons and Family Relations Finals reviewer Art.

1 Marriage Marriage is special contract of a permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature conse!uence and incidents are governed by law and not subject to stipulation e"cept that marriage settlement may fi" the property relations during the marriage within the limits provided for by this code • • It is protected by the constitution It is permanent union o #nless if it is void for lac$ing of any of the essential or formal re!uisites% or voidable if there are defects thereto and subject to the provisions under art. &' of the F( It is a contract but not an ordinary contract It affects the status of the person unless these essential • •

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Art. ) *ssential re!uisites +, marriage shall be valid re!uisites are present% 1. ). •

legal capacity of the contracting parties who must be male or female (onsent freely given in the presence of the solemni-ing officer It is not the physical presence of the solemni-ing officer that is being contemplated by the code but the presence of the authority of the solemni-ing officer to conduct marriage ceremonies Legal capacity pertains to the capacity of the person to contract marriage. .his involves his age /10 and above1 whether there is any legal impediments e"isting preventing any of the parties to contract a valid marriage renders a person lac$ing of such legal capacity. Consent pertains to that freely given by the party entering into the marriage. .herefore if the person is being forced by his mother or father into entering a marriage he still gives his consent thereto i

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and wife in the presence of at least ) witnesses of legal age. LEGAL Authority of the solemnizing officer is the important ingredient and not his mere presence and conduct of the marital rites. .he authority is presumed in the absence of any showing to the contrary .herefore the person alleging the lac$ of authority must prove the same. Mista$e of fact and not of law is one defense which a person whose marriage had been solemni-ed by a person who had no authority to perform marriage in order for him5her to become a person in good faith. Marriage license is re!uired and cannot be dealt without when it comes to marriage. +, marriage can ever be valid without a marriage license. 6owever with certain e"ceptions provided in .itle ) of the F(. .he solemni-ing officer does not have to go beyond the face of the marriage license. .hough the solemni-ing officer must ascertain the validity of such marriage license and if it were issued by a competent official./it is the duty of such official7(ivil Registrar7to ascertain if the parties have fully fulfilled all the re!uirements for the issuance of a marriage license not the solemni-ing officer1 6,8*9*R% in case of articulo mortis remote places couples cohabiting uninteruptedly for more than ' years the 4olemni-ing officer must ascertain the age relationship and !ualifications of the parties. .he absence of the witnesses does not render the marriage void nor voidable. It is only an irregularity. .he :I do; may be e"pressed in varied ways but the intent must be certain.

Art. 2 Formal Re!uisites .he formal re!uisites of marriage are3 1. Authority of the 4olemni-ing officer ). A valid marriage license e"cept in cases provided for in (hapter ) of this title 2. A marriage (eremony which ta$es place with the appearance of the contracting parties before the solemni-ing officer and their personal declaration that they ta$e each other as husband

Art & Absence <efect Irregularity .he absence of any of the essential or formal re!uisites shall render the marriage void ab initio e"cept as stated in art. 2' /)1 A defect in any of the essential re!uisites shall render the marriage voidable as provided in art. &' An irregularity in the formal re!uisites shall not affect the validity of the marriage but the party or parties responsible for such irregularity shall be civilly criminally and administratively liable. • Absolute absence of any of the essential or formal re!uisites /e"cept that provided in art 2' about :good faith; of the parties that the solemni-ing officer had the authority to conduct the marriage will render their marriage valid1 I4 9,I< A= I+I.I,.

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<efects as to any of the *44*+.IA> R*?#I4I.*4 /only1 renders the marriage voidable /besides grounds for annulment are strict and e"clusive.1 Absence of the witnesses is a mere irregularity .itle II is an e"ception to he >icense rule

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Art. ' Age Any male or female of the age of 10 years or upwards not under any of the impediments mentioned in 2@ and 20 may contract marriage Art A marriage ceremony • +, prescribed marriage ceremony. • As long as the parties personally appears before the A#.6,RIB*< solemni-ing officer. Its all goodC • .he declaration of their union /a$a marriage1 must be contained in the Marriage (ertificate signed by both parties the solemni-ing officer the witnesses. Art. @ who may solemni-e Marriages /.I.>* II herein discussed1 1. • Any incumbent members of the judiciary within the courtDs jurisdiction Must be within the jurisdiction of the court. A judge cannot solemni-e marriages outside the jurisdiction of the court he is assigned to even those solemni-ed at his home. Any priest Rabbi imam or minister of any church or religious sect duly authori-ed by his church or religious sect and registered with the civil registrar general acting within the limits of the written authority granted him by his church or religious sect and provided that at least 1 of the contracting parties belongs to the solemni-ing officerDs church or religious sect Person must prove that he belongs to the said sect or religion. Any ship or airplane chief only in the cases mentioned in art 21 Must be done in Articulo Mortis Re!uisites3 • .he marriage must be in articulo mortis • Must be between passangers or crew • 4hip must be at sea and plane must be on air Any military commander of a unit to which a chaplain is assigned in the absence of the latter during military operation li$ewise only in cases mentioned in Ar. 2) 6e must be a military commander of a unit 6e is a commissioned officer A chaplain is assigned thereto but was absent

Any of the parties is in articulo mortis (ontracting parties may either be members or the armed force or civilians within the -one of military operation Any (onsulEgeneral consul or vice consul in the case provided in art 1F .his is when the parties Filipinos marries outside of the country but wants the marriage be conducted under Philippine laws. ,ther duties of (onsular officials officiating the marriage% o Issuance of the marriage license o <uties of a local civil registrar o 4olemni-ing the marriage /AR. 1F1 MAG,R4 /pursuant of the >ocal government (ode (hap. 2 art. 1 sec. &&&H"viiiI1 .hey are now empowered to solemni-e marriages within their jurisdiction In his absence vice mayor may conduct marriages

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*J(*P.I,+ ., MARRIAK* >I(*+4*3 • Muslims other members of the enthic cultural communities • Articulo mortis /)@ 2F 211 • Remote areas5 no means of transportation /art )01 • Man and woman e"clusively living together as husband and wife for at least ' years without any legal impediments o .his will only after the legal impediment cease to e"ist. /art 2&1 Art 0 9enue Art. L Marriage license% duty of the registrar • Ministerial% he shall not any impediments but cannot withheld the issuance of a marriage license Art 1F 4olemni-ed by consular officials abroad Art 11 Marriage license contents Art 1) Re!uirements for the issuance of the Marriage license • ,riginal birth certificate in the absence thereof • =aptismal certificate in the absence thereof • (opies of such documents attested by persons in custody thereof% • If loss or destroyed% 1' days prior to the day of application o Residence cert o Instrument drawn up or sworn to before the local civil reg or notary pub. 8ith ) witnesses • If parents are present no need for the birth or baptismal certificate

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6* P6I>.4I<* .. o If the foreigner is the one who filed the divorce and such divorce either  (apacitates him to remarry the Filipino spouse shall also be capacitated to remarry  If does not capacitates him to remarry Filipino spouse cannot remarry o 8hen Filipino spouse is the one who filed for a decree of divorce  If the spouse was still a Filipino when the decree was promulgated it will not bind him5her . shall 4.he only effect of absence of a parental advice is that the issuance of the marriage license will be postponed for 2 months.6* MARRIAK* >I(*+4* nonetheless • . is lost • Mudicial decree of the absolute divorce • Mudicial decree of annulment • <eclaration of nullity Art.*RIA>.R*IK+*R and a FI>IPI+.R(* • =etween F.erritory.< . 1' Ages )1E)' • Parental advice • <oes not invalidate the marriage no is it a defect.R*IK+*R4 o 9alid in the Philippines if valid in their country • A F.>.+K Art.hey do not have the discretion of not releasing the marriage license. . Art. )&E)' <uty of civil Registrar /recording the marriage certificate1 Art )A Marriages 4olemni-ed . • +.+>G note any impediments brought to his attention =#. 12 any of the parties is previously married • <eath certificate3 affidavit if d.*O Remember art.c.#. 1A (ounseling • (ertificate of (ounseling issued by the priest imam minister authori-ed to solemni-e marriages or counselor dully credited b the proper govDt agency • ..1 Art )1 Marriage certificate • =est evidence of marriage • Proof or attac$ to the validity of marriage M#4.F 9A>I<I.he duty of the (ivil registrar is merely MI+I4.*3 that art 1@ with regards to forms and solemnities shall be governed by the laws of the country in which they are e"ecuted • *"ample3 8hen the country where the marriage was celebrated re!uired as part of their essential re!uisite of marriage that the woman be given a dowry of 1 FFF FFF and was not given by the man and was rendered void even if they are Filipinos their marriage which was rendered void in that country shall also be void in RP. <I9.F M. • P*RI.AN* +.I>> I44#* .hus if marriage solemni-ed outside of the Philippines and such marriage was null and void in the place where it was solemni-ed it shall also be null and void in the phil. 1@E)F Procedure for the civil registrar • +oticeE1F consecutive days • Registrar will .(ivil registrar is convince by their appearance that they are of legal age to contract marriage Art. • >aws in another country regarding marriages is also binding in this country e"cept those prohibited in art 2' /1 & ' A1 2A 2@ snd 20 • .% 1FF days within the Phil .G . )1 (iti-ens of Foreign (ountry • Re!uirements for citi-ens of foreign country to ac!uire a marriage license% o (ertificate of legal capacity to contract marriages issued by their respective diplomatic or consular office • 4tateless Persons o 4ubmit an affidavit stating the circumstances showing such capacity to contract • • . • . 1' of the civil code >aws relating to family rights and duties or to the status condition and legal capacity of persons are binding upon citi-ens of the Philippines /also to citi-ens of another country. Art.. =* 4.R. for e"ample if in America 1A is the legal capacity to contract marriage then the Philippines follows it. 1& Ages 10E)1 • 8ritten (onsent or an affidavit of the parent guardian person having legal charge • Absent any consent will render the marriage either void or voidable • +o license can be issued without such written consent Art.he only effect of absence of the certificate of counseling is that the issuance of the marriage license will be postponed Art.

< FAI. 2A P4G(6. medically or clinically identified b. Adopting parents and adopted child c. Plaintiff has burden of proof ).*4 of psychological incapacity as provided in 4antos case3 o KravityEparty would not be capable of carrying out the ordinary duties re!uired in a marriage o Mudicial antecedenceE Must be rooted in the history of the party antedating the marriage although the overt manifestations may emerge only after the marriage o IncurabilityEmust be incurable% the cure would be beyond the means of the party involved R*P#=>I( vs (A M. Incestuous a. Marital obligations which cannot be be complied with a.#RA>IB*< spouse. alleged in the complaint i. =igamous or polygamous marriage e"cept a valid bigamous marriage /where present spouse ac!uired a declaration of presumptive death of the absentee1 '.+I+K P. clearly e"plained in the decision 2. If the spouse had been +A.*RA>>G Art 2' 1.he court ruled that the marriage subsists and remains valid for mere irreconcilable differences and conflicting personalities between the parties is not psychological incapacity o M#<I(IA> K#I<*>I+*43 1.KI(A> I+(APA(I. (ase to case basis% each case should be treated independently according to its own facts /te vs te1 <. Art A0E@1 obligations of husband and wife to one another Art. .(. Mista$e of Identity of the other A. 4urviving spouse of the adopted child and the adopter /art 2@1 e. incapacity proven to be e"isting at the time of the celebration of marriage &. . Adopted child and the legitimate child of the adopter f. III1 9.A=>I46*<3 4A+. absence of a MARRIAK* >I(*+4* e"cept those mentioned in chapter ) &. sufficiently proven by e"perts ii.=R*(I<. 6usband filed for declaration of nullity on the ground of psychological incapacity. incapacity must be permanent or incurable '. o 8hen both spouses were Filipinos when the marriage was solemni-ed and later on one of them decided to go abroad and had herself solemni-ed and divorced the her Filipino spouse the R*(N. 4urviving spouse of the adopting parent and the adopted child d. =y reason of Public Policy between% a.G . one with the intention to marry the other $illed the otherDs spouse or his or her spouse /art201 ).>>A. 4ubse!uent marriage void under art '2 /without complying with art 'FE'11 @.>.I+. solemni-ing officer without authority 8ith the e"ception of K.>I+A o 8ife and husband cannot agree o .RI+*4 *4. =etween brothers and sisters 0..6 that the solemni-ing officer had the authority to do so /punishing the person causing the irregularity civilly criminally and administratively1 2. root cause of the psychological incapacity must be a. illness is grave enough to bring about the disability to assume essential marital obligation A..R* the 4pouse left in the P6 will in effect be capacitated to contract marriage thatDs if the divorce obtained in the foreign country give the divorcee the capacity to remarry. below 10 ).I< MARRIAK*4O 8hat are marriages that are 9oid ab initio3 • (an be attac$ed (. /R*P vs .6*R*F.he court ruled that juliaDs failure to cohabit with her husband does not constitute as psychological incapacity o R*?#I4I.4 vs (A o 8ife left husband for wor$ as a nurse and went to America but never returned. =etween ascendants and descendants b. is their citi-enship at the time the valid divorce is obtained abroad by the +A.#RA>IB*< before the divorce was granted it shall bind him5her • • 1. step parents andd step children b..

I. /art &&1 After payment of the debts and obligations of the 4P. =* >I?#I<A. of R*APP*ARA+(* /sworn statement of the facts and circumstances of reappearance1 of the absent spouse at the instance of the A=4*+.*R*4.*RA>>G • Absolute nullity may be invo$ed for the purpose of remarriage.I.I< (o ownership will govern them 2. 0.@.6 2. MARRIAK* Keneral rule3 9. in case where both spouse were in =A< FAI.he ruling in ninal vs bayadong does not apply anymoreC dope. (PK or A(P3 >i!uidated o =#.>>A. &2 *ffects of . MARRIAK* the spouses shall divide the property e!ually or Art. with a judicial declaration of nullity of previous 9. As to (hildren3 legitimate ). with judicial declaration of PR*4#MP.#.I< MARRIAK* ).+ . from innocent spouse by testate or intestate succession o if both spouses were in bad faith testamentary disposition made by one in favor of the other are revo$ed by operation of law.6 his5 her share shall be forfeited in favor of the  (ommon children  (hildren of the guilty spouse of the PR9I. I+6*RI. MA>>I.#R+I+K 4P.F >A8 o if both spouses were in bad faith donation propter nuptia made by one in favor of the other are revo$ed by operation of law.*RMI+A.*< if the previous marriage with the absent spouse is 9A>I< o IF they do not li!uidate% the subse!uent marriage will be governed by 4*PARA. • (an be attac$ed (. 4P.#4* or A+G . prejudice to the reappearance of the absentee spouse Re!uirement3 o well founded belief that the absent spouse is already dead o that the spouse present made all efforts into finding the absent spouse o absence must be at least of & consecutive years o if disappearance where there is danger of death under Art 2L1 ) years will suffice • &. Art.G o If 4#=4*?#*+. ))F ))1 and ))' obligation as to parental authority interpretation of the national appellate Matrimonial .I(A>>G terminated upon recording of an AFFI<A9I.#4* /innocent spouse1 o After the declaration of presumptive death the properties of the previous marriage M#4. MARRIAK* upon the reappearance of the absent spouse • Administratively done • If the absent spouse reappears the subse!uent marriage may be A#.F PR. • AM P FLE11E1F only the 6#4=A+< or 8IF* can file for and action for the declaration of absolute nullity o .P*R. with decree of annulment • For the purpose of contracting a subse!uent marriage the spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee 8I.+ of 4#=4*?#*+. when the party marrying subse!uently did not comply with the re!uirement of art '2 /li!uidation1 *"ception3 1.6*R I+..ARA o Final judgment denying a petition for nullity on the ground of psychological incapacity =AR4 the subse!uent petition for declaration of nullit on the ground of lac$ of marriage license Art.he R*.. &1 9A>I< 4#=4*?#*+. &F action for the declaration of absolute nullity does not prescribe.6.I.+ vs A>(A+.ribunal of the catholic church of the Philippines while not controlling should be given great respect trial court must order the prosecutor or fiscal or 4ol Ken to appear for the state b.. MARRIAK* 1. &) .P*RA. • . • Art.I9* <*A.ermination of the 4#=4*?#*+.MA.+ • May be ta$en to court if there is such fact is disputed Art.#4*4 of the 4#=4*?#*+.+ .#4 MARRIAK*  .*< P*R4. '.I< • A>4. <onation Propter nuptia3 valid if both spouse were in good faith o e"cept3 donee contracted marriage in bad faith donation may be revo$ed =G . /art &&1 =eneficiary in any insurance policy3 May be revo$ed at the instance of the other spouse Inheritance3 spouse who contracted in bad faith may be <I4?#A>IFI*< . MARRIAK* I4 9.

. *"ists at the time of the celebration =.6.I. (.I. For parents% anytime =*F. 4e"ually transmissible diseases o Re!uisites3 A. '& (hildren conceived or born =*F. of 4. *"isting at the time of marriage =.I. . '2 *ither party may remarry but if art 'FE'2 arenDt complied with 4#=4*?#*+.F .+E disclosure of previous conviction by final judgment of the other party of a (RIM* I+9.IM* o <elivered in cash o 4hall not prejudice the ultimate successional rights of the children Art.#RPI. (. After ' years after attaining the age of )1 b.+(*A>M*+.+(*A>M*+.riennial (ohabitation  6usband is impotent if the wife remains a virgin within 2 years after the marriage was contracted A.I.R* such party attained age of )1 ). of drug addiction habitual alcoholism homose"uality or lesbianism o =ad faith is essential Force Intimidation undue influence o =y whom3 a.F =.+* I+ =A< FAI.6* (.R* the judgment of A++#>M*+.#4*E during >#(I< I+.6 (. the parent guardian or person having substitute parental authority o 8hen ratified3 a.#<* =.>9I+K M.+4*+.< is IRR*>I9A+. After ' years when the f I u ceased Impotence =y whom% a.F PR*4#MP. '. Art.*RMI+A. of pregnancy of the wife o M#4. &0 Prosecuting attorney fiscal 4ol Ken appear for the state to prevent collusion o Art.8I+K about the insanity 2.RA> .I< Art.+(*A>M*+. 'F +os.IMA.G b. Injured party o R*?#I4I.he injured party o 8hen Ratified3 a.#.I< o <ecision3 provide for li!uidation partition the custody support delivery of presumptive legitime o All creditors shall be notifed o Art 1F) and 1)L shall apply in partition of the conjugal dwelling Art.he 4A+* spouse who had +.#4* • 9. .*43 A. && =A< FAI.R +#>>I. Incurable <. '1 PAR. 4erious <. the 10E)1/below1 before attaining the age of )1 b. .I9* >*KI. . Permanent (.6 4P. (. #nsound minde o =y whom3 a.*R9A> o 8hen ratified3 a..IFI*< Art.he I+4A+* 4P. . 4e"ually transmissible (.I<A=>* MARRIAK*4E *"clusive list KR. FRA#< A. N+.I< ab initio Art.G or .+ o =ed and board separation o <oes not severe the marriage &.#+<43 1. o It is enough that it was concealed at the time of the marriage <.in accordance with the sharing stipulated in the M4 unless one of the spouse 8AI9*4 his share. MARRIAK* 46A>> =* 9.6* parent guardian or person having substitute parental authority o =y whom3 a. ') recording of partition li!uidation of properties Art.he other spouse should not be impotent o (annot be ratified o .6 of either party c. &L 4upport of the spouses and custody of the children o (ourt provides for the support of the spouses and children o Kive paramount consideration to the moral and material welfare of the said children and their choice of parent o 9isitation rights Art. =* <.+ under 2A are considered >*KI. . +. Incurable o (annot be RA.< o Kravity or nature of the 4.* >*KA> 4*PARA. Freely cohabitated after N+. &' /&A &@1 9oidable Marriages 9. .8>*<K* of the I+4A+I.he guardian5parent anytime before the <*A.6 . ) 2 & ' of Art &2 and Art && o Must be complied with if not marriage to be contracted by the A++#>*< party will be 9. 10E)1 years old 8I. .+ .

+(I>IA.+(I>IA. '0 (ooling off periodQA months Art.I.4 A+< .+ .R* the celebration of marriage • ..*R the marriage1 1.P*R.I.I. A' and AA R*(.+F*44I. '@ 8hen to file3 ' years from the time of the .IMA.4.+*R to (hange R*>IKI.AK* • Final decree shall be set aside Art A@ Property regime to govern after reconciliation • . 'A Krounds for <*+IA>3 1.44 abusive (onduct o <irected to the spouse their common children the child of the petitioner o A months (. 8ho3 spouse common children child of petitioner &. dissolve and li!uidate (PK or A(P AF. names of all their $now creditors shall be listed • it is one of the instances where PR.>I+K .*R marriage RIK6.+ . those to be retained as separated properties of each spouse 2.IP#>A. @& Property relations shall be governed by 1.'L (ourt must ta$e steps for R*(.FF period will not apply ).F FA(. (onsent /before1 2.< FAI.*3 this happens AF.6* 4P.*R FI>I+K of the petition . A1 AF.N* <onation propter nuptia =enefits form insurance policy Alienation liens encumberances registered I+ K.#R.+ In a nutshell3 • all the mushy stuff li$e love and shRt • they shall fi" the family <omicile • .P*R.R P. Abandonment for more than 1 year Art.G R*KIM* Art. >esbianism or 6omose"uality of respondent @.8 >I9* 4*PARA.he other spouse MAG object if there is a valid ground o In case of disagreement the (.+ Art. decree can be granted based on 4.AF +.*>G Art.+ (.#.#4*4 MAG +.((#RA+(* .I.RR#P.+ • =y joint manifestation • Proceeding shall be .RR#P.he parties have the choice to whether 1.FF*+<I+K 4P. A2 *FF*(. A& Innocent spouse may R*9.I. both parties gives ground /in pari delicto1 '.F M#<KM*+. of the celebration of marriage Art.I.*< physical violence b1 KR. M4 ).6* (A#4* Art.++I9A+(* in such (.I. >ive separately ). attempt of to the life of the petitioner 1F. o .M*+. Attempt to (.hey are jointly responsible for the support of the family • 4pouses cannot compel one another to live together /potenciano vs ca1 • Manage the house hold • *ither 4pouse ma e"ercise any >*KI. >ocal customs • <efault regime is A(P • (ommences at the *JA(.+ . <rug addiction or habitual alcoholism of respondent A.I< A(P shall govern • (an only be made =*F. prescription% ' years Art.I. Final Mudgment EA years imprisonment /committed against anyone1 '. A) art &L shall also apply for 4upport and custody <#RI+K P*+<*+(G Art. may decide  IF the objection is PR.+ 2.4 of >egal separation 1. a1 R*P*A.4 or (. a1 Physical 9iolence b1 Moral pressure o for the P*.P*R  =enefit has accrued to the family PRI.<IFI*< AF. 1. '' Krounds3 /+..erminated A.+ or I+<#(*M*+. or I+<#(* the respondent to engage in PR. .I. 4e"ual infidelity or perversion L. (ollusion /for the purpose of obtaining a decree of legal sep1 A. (ustody of children shall be awarded to innocent spouse &. also (ourt must order prosecuting attorney to prevent collusion Art. =igamous marriage 0.>I. (onnivance /before or during1 &. Provisions of this code 2.G R*KIM* of the 4pouses may be M.R to the objection or threafter PR. M. A+G 4.=>IKA.Art.I(A> AFFI>IA.FR* the decree of legal separation shall be respected • Revocation of donation prescribes after ' years • Inssurance policy the insured must be notifed /written1 Art. (ondonation /after1 ).I.F .*R paying debts to creditors 2.. the properties to be contributed anew to the restored regime ).* Profession occupation business or activity without the consent of the other.6 =*. @' A(P (PK 4P others • In the absence of an M4 or if the M4 agreed upon is 9.#4* shall be dis!ualified from inheriting from offended spouse /revo$ed by operation of law1 Art.

. Marriage was legally separated and the donee was the guilty spouse A.. judicial separation of property /12'1 &.R* the celebration ). fi"es the terms and conditions therein A.#+<4 F. 0) Re!uisites3 1.+ was stipulated in the M4 and that such donation <. be liable for the deficiency • If the property is sold for more than the total amount for the obligation secured thereby <.*4 +.I.(A. Made =*F. .R* the celebration of marriage • *"ceptions3 1. marriage annulled and the donee was in =A< FAI.G of the contracts *+. R*?#I4I.*R<I(. signed by both party &.R* . in writing 2.+4I<*RA.<IFI(A. Reconciliation in legal separation /AAE A@1 ). M4 is 9. Resolutory (ondition @.I.9*R+*< by P6I> laws • Regardless of the place where the Marriage was celebrated • <.6* <.I.6 '. @L Kuardianship is I+<I4P*+4I=>* • 8hen the party e"ecuting the M4 was sentence of (I9I> I+. 01 <. situated in the P6 and *J*(#.I*4 for its *J. Moint Petition for 4eparation of property /12A1 Art @@. Made =*F. must not contain provisions (.Art.I<....RMA>I..AN* P>A(*.AN* P>A(* unless when .3 1. if there are additional signatories should be present • IF MARRIAK* <.RI+I( 9A>I<I.+** shall be *+. @A M. without the consent of the parent or the guardian &..#+.+ • (an only be don =*F. 0& 4pouses who agreed upon A(P cannot donate to each other other Regime may donate but +.*< in the (ountry it is situated 2.I. will not prejudice 2rd persons '.*4 +.F M43 1.. Act of ingratitude /art @A' of the +((1 • <onee should commit some offense against the person honor property of the donor his wife children • <onee imputes the donor to any criminal offense or any act involving moral turpitude • <onee unduly refuses to support the donor when he is legally or morally bound to do so • .I< Art. 0' *+(#M=*RA+(*4 on the property to be donated • 4hall be valid • 6owever% if the property is sold for less than the total amount of the obligation secured thereby the <.G Art.+ of the future marriage 2.+ Art.+A. *"trinsic validity of contracts affecting properties +. Aliens ).+4 included in the M4 and the M4 itself shall be 9.+** shall +.>*< to the e"cess amount Art. Marriage <I< +.+A. marriage declared void ab initio 2. 0F M4 K.+. Abandoned spouse may file for sole administration /1)01 2. Art.I.+ or there are disabilities.+A.*4 not depend upon the celebration of the marriage ).I.RARG to l m g po pp @.*4 .*R*< I+. 0A KR.+ 1.RI+4I( 9A>I<I.6A+ 15' of their present property • A+G *J(*44 46A>> =* 9. in (. depend upon the celebration of the marriage Art.RG whose laws re!uires a <IFF*R*+. in FA9.*4 +. <.I< if the marriage does not ta$e place.I.R R*9. APP>G . M. *J.I..R* the marriage ). *"cept when some stipulations therein <. affecting properties I+ A F. F.R of one or both spouses o other party may donate by reason of marriage Art.R*IK+ (. . in the P6Il =#.

express or implied. Any stipulation. as provided in Article 8 9. the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or ac7uired thereafter.G PR. the provisions in this -hapter shall be of supplementary application. 8".F KAI+4 Art. the net gains or benefits obtained by either or both spouses shall be divided e7ually between them. 88. (1"'a! Art.* (.>#. fruits and income from their separate properties and those ac7uired by either or both spouses through their efforts or by chance.G R*KIM* 4IMI>ARI.A=4. 6nless otherwise provided in this -hapter or in the marriage settlements. (148a! Art.+#-+ . The provisions of this -hapter shall also apply to con$ugal partnerships of gains already established between spouses before the effectivity of this -ode. "4. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (14 a! Art. upon dissolution of the marriage or of the partnership.23). %hen the waiver ta&es place upon a $udicial separation of property.I*4 K*+*RA> PR. )n case the future spouses agree in the marriage settlements that the regime of con$ugal partnership gains shall govern their property relations during marriage. (CPG 107) ()**+. the same shall appear in a public instrument and shall be recorded as provided in Article ''. 148. "1.+M#KA> PAR. 14 . for the commencement of the community regime at any other time shall be void.MM#+I. unless otherwise agreed in the marriage settlements. #o waiver of rights.A0 1.P*R. without pre$udice to vested rights already ac7uired in accordance with the -ivil -ode or other laws. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated.+*R46IP .)2# Art. The con$ugal partnership shall be . 14'. The rules provided in Articles 88 and 8" shall also apply to con$ugal partnership of gains. the husband and wife place in a common fund the proceeds. products. 149. and. /+#+. The provisions on co5 ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this -hapter Art. 6nder the regime of con$ugal partnership of gains. shares and effects of the absolute community of property during the marriage can be made except in case of $udicial separation of property. (n! Art.9I4I. or after the marriage has been dissolved or annulled. (n! Art.+ (.

6)T. Art. +ither spouse may.)3+ (E! That which is ac7uired by right of redemption. by barter or by exchange with property belonging to only one of the spouses< and (4! That which is purchased with exclusive money of the wife or of the husband.AT6)TAD Theory. encumber. if any.)3+ >2#+A %)00 .21+. 14". alienate or otherwise dispose of his or her exclusive property. (1! 1roperty ac7uired during the marriage by gratuitous title by either spouse.26/B /. The following shall be the exclusive property of each spouse. during the marriage.)3+ 1.21+. (148a! Art. "8.21+. (n! Art. 198a. unless it is proved that it is one of those excluded therefrom. possession. The following shall be excluded from the community property.T)+.+ A0%AA. "E.TA A-C6). unless it is expressly provided by the donor.AT6)T26. transfer the administration of his or her exclusive property to the other by means of a public instrument.*2. (8! 1roperty for personal and exclusive use of either spouse. +:-06. (1! That which is brought to the marriage as his or her own< (8! That which each ac7uires during the marriage by gratuitous title< 1.+( TB. A. (n! . T)T0+<)# A-1 *.+( @A +:-06. if any.> TB+ 1. (1E'a. A spouse of age may mortgage. 19"a! Art. and the fruits as well as the income. 114. Art. testator or grantor that they shall form part of the community property< =*)TA +:A>10+? 1roperty ac7uired @A /. 118. which shall be recorded in the registry of property of the place the property is located. 1roperty ac7uired during the marriage is presumed to belong to the community. 111. administration and en$oyment of their exclusive properties. A-1 because it is converted.A#. Bowever.governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this -hapter or by the spouses in their marriage settlements. and appear alone in court to litigate with regard to the same. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner5spouse. The spouses retain the ownership. (841a! Art.)3+ %BAT )* A26 T. +:-06.TA A-C6). of such property.T)00 @+ +:-06. $ewelry shall form part of the community property< (E! 1roperty ac7uired before the marriage by either spouse who has legitimate descendants by a former marriage. without the consent of the other spouse. and the fruits as well as the income thereof.

shall pertain to the donee5spouses as his or her own exclusive property. due or received during the marriage from the common property.etirement benefits. as well as the net fruits from the exclusive property of each spouse< (4! The share of either spouse in the hidden treasure which the law awards . without pre$udice to the right of accretion when proper. usufructs and similar benefits shall be governed by the rules on gratuitous or onerous ac7uisitions as may be proper in each case. 119.>. the amount of the charges shall be borne by the exclusive property of the donee spouse. gratuities. (194a! Art. whether the ac7uisition appears to have been made. 11E. industrial. wor& or profession of either or both of the spouses< (E! The fruits. natural. 11'. )f the donations are onerous. $ointly and with designation of determinate shares. (1 1a! Art. pensions. 11 . contracted or registered in the name of one or both spouses.TD Art. 1A. and in the absence of designation. The following are con$ugal partnership properties. industry. whenever they have been advanced by the con$ugal partnership of gains. or for only one of the spouses< (8! Those obtained from the labor. whether the ac7uisition be for the partnership. share and share ali&e.Art. or civil. . (1 4a! Art. All property ac7uired during the marriage. 1roperty donated or left by will to the spouses. (1! Those ac7uired by onerous title during the marriage at the expense of the common fund. annuities. is presumed to be con$ugal unless the contrary is proved. -1/ %BAT *2. 114.

118. 2%#+. )* after marriage. Art.B)1D %hen the ownership was 3+. 1 . )* before the marriage. 1 4a.>)#+. the sums which . but sub$ect to the reimbursement to the con$ugal property. then the property will be con$ugal sub$ect to the reimbursement to the owner upon li7uidation. 11". losses therefrom shall be borne exclusively by the loser5spouse.to the finder or owner of the property where the treasure is found< ( ! Those ac7uired through occupation such as fishing or hunting< (9! 0ivestoc& existing upon the dissolution of the partnership in excess of the number of each &ind brought to the marriage by either spouse< and ('! Those which are ac7uired by chance. (1 Ea.. %henever an amount or credit payable within a period of time belongs to one of the spouses. any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon li7uidation of the partnership. (n! %BAT (+T+. the property shall be exclusive.T+(. )n either case. such as winnings from gambling or betting. 1roperty bought on installments paid partly from exclusive funds of either or both spouses and partly from con$ugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the con$ugal partnership if such ownership was vested during the marriage. 1 "! Art. Bowever.

whether for utility or adornment. 184. it will remain as suchH (see exclusive properties! )f the )#T+. or to the original owner5spouse.may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. to the 1.T 2# TB+ 1. it shall be exclusive As to the )#T+.+ TB+ >A. .)#-)1A0 on installment debt. TB+ >A.T on the principal. )* TB+ 1. sub$ect to reimbursement of the value .+.)3+ because Gas long as the source is exclusive.+-A1)TA0)F+(. Bowever. The ownership of improvements. the entire property of one of the spouses shall belong to the con$ugal partnership..)A/+ )t is con$ugal I&now of the source Art.)#-)1A0 (+@T %A. then the property will remain +:-06.+. %hen the cost of the improvement made by the con$ugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement.+-A1)TA0)F+( And the debt became due @+*2. it shall be con$ugal. interests falling due during the marriage on the principal shall belong A. sub$ect to the following rules. . it will remain exclusive )f it became due A*T+.)A/+. made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership.)#-)1A0 %A..

but must be %)TB TB+ -2#. the debts ac7uired only by one spouse.+ 1. )* #2T it shall be born . inclu!ing major or minor repairs. )#-.of the property of the owner5spouse at the time of the improvement< otherwise.+A.+. li&ewise sub$ect to reimbursement of the cost of the improvement. (1! The support of the spouses. >+. upon the community property< >AK2.20+0A by the (+@T2. "4.+.+ )# 3A06+J+:-06. if no consent.)>)0A. . That is if the family 6. then such debt shall be @26. or other activity for self5improvement< ('! nte#nuptial !ebts of either spouse insofar as they ha$e re!oun!e! to the benefit of the famil%< . (9! +xpenses to enable either spouse to commence or complete a professional or vocational course. which shall be made at the time of the li7uidation of the con$ugal partnership. -BA. and legitimate children of either spouse< however.126. then such will be charged to the A-1L -1/ )* the other spouse consented.+. or by both spouses.+( such property.)3+ Art.upport< (8! ll !ebts and obligations contracted during the marriage by the designated administrator5spouse for the benefit of the community. or by one spouse with the consent of the other< /+#+. liens.. said property shall be retained in ownership by the owner5 spouse.+ (E! "ebts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited< ()# here.+ )# 3A06+J -2#K6/A0 (+-.+1A).126.3AT)2#5%ear and Tear. . charges an! expenses. if benefited the family.60+. .+#T 2* TB+ 2TB+. . )n either case./+.+A. the ownership of the entire property shall be vested upon the reimbursement. the support of illegitimate children shall be governed by the provisions of this -ode on . because such property is con$ugal ( ) ll taxes an! expenses for mere preservation made during marriage upon the separate property of either spouse used by the family< *2. their common children. The absolute community of property shall be liable for.)T)+. it shall be chargeable. A#( >)#2. 612# A#( 2@0)/AT)2# .A0 .# by the debtor! (4! ll taxes.

the support of illegitimate children of either spouse. the husbandMs decision . the payment of which shall be considered as advances to be deducted from the share of the debtor5spouse upon li7uidation of the community< and (CPG separate pro$ision -T2 133) (14! +xpenses of litigation between the spouses unless the suit is found to be groundless.*+(") ("! Ante5nuptial debts of either spouse other than those falling under paragraph ('! of this Article. "9./(.)TA Art./A@0+. as well as the support of illegitimate children of either spouse.-BA. Bowever. %hatever may be lost during the marriage in any game of chance. shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property2 (CPG art 134) Art. but when the other spouse consented. if the spouse who is bound should have no exclusive property or if it should be insufficient< but at the time of the li7uidation of the partnership. )n case of disagreement. such spouse shall be charged for what has been paid for the purpose above5mentioned. whether permitted or prohibited by law. 188. that of fines and indemnities imposed upon them.P-. (8! The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or $ocational course or other acti$it% for self# impro$ement& '()* +. 848a584 a! Art. #either shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. the payment of personal debts contracted by either spouse before the marriage. The administration and en$oyment of the community property shall belong to both spouses $ointly. may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered.(0T inclu!es bo!% impro$ements (1(). it shall be chargeable to the A-1L -1/.)>)0A. " . sweepsta&es. (191a. 198a. betting. )f the community property is insufficient to cover the foregoing liabilities. or any other &ind of gambling. . and liabilities incurred by either spouse by reason of a crime or a 7uasi5delict. except those falling under paragraph ("!. in case of absence or insufficiency of the exclusive property of the debtor5spouse. the spouses shall be solidarily liable for the unpaid balance with their separate properties. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the con$ugal properties partnership except insofar as they redounded to the benefit of the family. those debts and obligations which ()( #2T @+#+*)T+( the family. 19Ea.

LATTA-B+(L.A T)2# And +#K2A>+#T shall prevail. #either spouse may donate any community property without the consent of the other.A(>)#). Bowever.A#-+.(CPG art2 136) 2ne spouse donating to a third party.20( it is no longer an act of administration but A-T 2* 2%#+. . the disposition or encumbrance shall be void. +ither spouse may dispose by will of his or her interest in the community property.AT)2#. without the consent of the other. either spouse may. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. #++(+(. "8. and may be perfected as a binding contract upon the acceptance by the other spouse or authoriNation by the court before the offer is withdrawn by either or both offerors. the other spouse may assume sole powers of administration. Art.+#T #++(+( from the other spouse @6T in case where the property being administered by that spouse was been sub$ect to A0)+#AT)2#L+#-6>@+. which must be availed of within five years from the date of the contract implementing such decision. spouses -A# decide that only one spouse may administer the property< #2 -2#. "'. sub$ect to recourse to the court by the wife for proper remedy. ma&e moderate donations from the community property for charity or on occasions of family re$oicing or family distress. )n the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties.T. Art.T.. (CPG art 135) A-T2 2* A(>)#).B)1<l consent ). These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. Bowever. )n the absence of such authority or consent.

(" +0'<**+C+(0T T.I. (1! The spouse who leaves the con$ugal home or refuses to live therein.. 18". "/ 0C(" T. 148.T(8 '(P . The absolute community terminates.<'('.P(-T9 +' "((. (1! An inventory shall be prepared.02 <IFF*R*+(* 4 >I?#I<A. (1! 6pon the death of either spouse< (8! %hen there is a decree of legal separation< (E! %hen the marriage is annulled or declared void< or (4! )n case of $udicial separation of property during the marriage under Articles 1E4 to 1E8. (4! The debts and obligations of the con$ugal partnership shall be paid out of the con$ugal assets. The obligations to the family mentioned in the preceding paragraph refer to marital. upon proper petition in a summary proceeding. )f a spouse without $ust cause abandons the other or fails to comply with his or her obligations to the family. 144.>#. + Art. the separate property of both spouses shall be solidarily liable for the support of the family. "". )n case of insufficiency of Art. (1' a! Art.T:( . (8! The debts and obligations of the absolute community shall be paid out of its assets. in . 6pon dissolution of the absolute community regime.0( . 6pon the dissolution of the con$ugal partnership regime. The separation in fact between husband and wife shall not affect the regime of absolute community except that. T:( CPG <P.0 . without $ust cause./(. listing separately all the properties of the absolute community and the exclusive properties of each spouse.P(-T9 ': )) 1( C: -G 1)( +* T:( C.1)+G T+.+ Art. )n case of insufficiency of said assets. the following procedure shall apply.* T:( 'P.4IMI>ARI. the following procedure shall apply. C. for $udicial separation of property or for authority to be the sole administrator of the absolute community.*. sub$ect to such precautionary conditions as the court may impose.I.* .0 )+=<+" T+.<G ) P-. (1'8a! Art.G <I44. the aggrieved spouse may petition the court for receivership. 141. The spouse present shall. be given $udicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latterMs share.0.T( P-. $udicial authoriNation shall be obtained in a summary proceeding< (E! )n the absence of sufficient community property. shall not have the right to be supported< (8! %hen the consent of one spouse to any transaction of the other is re7uired by law. (CPG 137#137) 0. parental or property relations. the spouses shall be solidarily liable for the unpaid balance with their separate properties.

(8! The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 1. the court shall decide. )n case there in no such ma$ority. the court shall decide. in the partition of the properties. unless otherwise agreed upon by the parties.said assets. the said profits shall be the increase in value between the mar&et value of the community property at the time of the celebration of the marriage and the mar&et value at the time of its dissolution. unless the court has decided otherwise. the con$ugal dwelling and the lot on which it is situated shall be ad$udicated to the spouse with whom the ma$ority of the common children choose to remain. unless the court has decided otherwise. ta&ing into consideration the best interests of said children. shall be paid to said spouse from the con$ugal funds. unless a different proportion or division was agreed upon in the marriage settlements. be ad$udicated to the spouse with whom the ma$ority of the common children choose to remain. accordance with the provisions of paragraph (8! of Article 181. belonging to either spouse. the con$ugal dwelling and the lot on which it is situated shall. (9! 6nless otherwise agreed upon by the parties. the loss or deterioration of movables used for the benefit of the family. . -hildren below the age of seven years are deemed to have chosen the mother. the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article "4. (8!. *or purpose of computing the net profits sub$ect to forfeiture in accordance with Articles 4E. ta&ing into consideration the best interests of said children. unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this -ode. if any. ( ! %hatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. -hildren below the age of seven years are deemed to have chosen the mother. ('! The net remainder of the con$ugal partnership properties shall constitute the profits. in accordance with Article 1. (E! %hatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. (8! and 9E. even due to fortuitous event. (4! The net remainder of the properties of the absolute community shall constitute its net assets. #o. ( ! The presumptive legitimes of the common children shall be delivered upon partition. )n case there is no such ma$ority. or unless there has been a voluntary waiver of such share provided in this -ode. which shall be divided e7ually between husband and wife. #o. which shall be divided e7ually between husband and wife. (9! 6nless the owner had been indemnified from whatever source. ("! )n the partition of the properties.

the surviving spouse shall li7uidate the community property either $udicially or extra5$udicially within six months from the death of the deceased spouse.T 1AA 26T the A-1 or (1/ property if insufficient. )f no $udicial settlement proceeding is instituted. a mandatory regime of complete separation of property shall govern the property relations of the subse7uent marriage. 6pon the termination of the marriage by death. )f upon the lapse of the six months period.. >6. -1/. (CPG 141) I1AA>+#T 2* A-1 2. any disposition or encumbrance involving the community property of the terminated marriage shall be void. the respective capital. )n case of doubt as to which community the existing properties belong.T *). must first reimburse the spouse for separate property which became con$ugal due to the increase in value of the property as a result of the improvements made thereon with the use of the con$ugal property (184!. the community property shall be li7uidated in the same proceeding for the settlement of the estate of the deceased.Art. 14E.hould the surviving spouse contract a subse7uent marriage without compliance with the foregoing re7uirements. . -1/ (+@T. . spouses solidarily liable with the separate property *2. 144. (CPG 140) Art. %henever the li7uidation of the community properties of two or more marriages contracted by the same person before the effectivity of this -ode is carried out simultaneously. the same shall be divided between the different communities in proportion to the capital and duration of each. fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. no li7uidation is made.

#R* o =.P*R.+4 to the family '.S Art 1&) .G Art.RI.*<.F MARRIAK* if 4eparation of property was *JPR*44>G <*(>AR*< in the M4 o =G M#<I(IA> .>#+.4 of the spouses Art.6 .A.+ PR.*4 . one spouse was M#<I(IA>>G <*(>AR*< A=4*+.F PR.*< .6* K#AR<IA+ . +*(*44ARI>G M*A+ A+ A#.I.ne spouse =*(.. 120 <*(I4I..+(I>*4 A+< R*4#M*4 (. 12& 4eparate property • 86*+ <.MP>G 8I.>#+. >.A> A#.8*9*R +o 9. 2.I(* or is 6I<I+K aa and A((#4*< in a criminal case R*KIM* . R*?#IR*< but with the e"ception to some cases where the spouses have *J.6* ..+ .#+<43 1.R4 Art.F .M M#4. 1&& *"tent and $inds of separation of property • *J.+ .*+. M.*4 +. AG.#4>G A(?#IR*< =G (R*<I. 1&' RIK6. • Fruits accessions shall be owned by each of the spouses respectively • >iabilities shall be born by both *?#A>>G • ..I( R*9I9A> .+K*R A=#4* .R4 of the spouses shall be listed .I.R..F .I+. =* A(P .F PR.+ .R<*R F... .6*R* I4 4IMP>G +.G R*KIM*.G Art. judicially declared A=4*+.6* 4AM* AKAI+ &.MM.*R =* KRA+. Absentee R*APP*AR4 (ourt was satisfied that the A=#4I9* spouse granted with the right of administration of the property will +. 12L Petition and Final judgment • 4hall be recorded in the proper civil registrar • (ourt need not justify he ruling in approving the partieDs voluntary agreement for separation of properties Art.MM.+ for separation of Property • • • (R*<I.I.6*IR F. KRA+.P*R.6.+ is +.G AR. 12' (A#4* for M#<I(IA> 4*PARA.I.+ ).+A> (R*<I.+ >IF* 8I.6 Art. 4pouses separated in fact for at least 1 year R*(. o .8*R .I.4*PARA. . A@ for the *FF*(..I.4 of R*9I9A> /about reconciliation1 RR*(..44 of PAR*+.F PR.6* P. (ivil interdiction .ransfer of administration of the *J(>#4I9* PR.+ . or FAI>*< . (. A<MI+I4. 12@ <#RI+K P*+<*+(G • A(P or (PK shall pay for the support during pendency Art.6* . 1&2 4P • spouses retain ownership of their separate property even after the marriage was contracted. (.*RMI+A.F 4*PARA.G3 1. =#.#+<43 1.* • NI+< o PR*4*+. 2. A=#4*< I.I. Parental Authority is judicially R*4. A.F PR.AN*4 P>A(*S o At the precise (*>*=RA.R4 as well as P*R4.R*< A. AKR**< . 1&1 R*9I9I+K the property regime before the separation of property was decreed KR.=>IKA. .RM*R PR.MM. 1&F 4eparation of properties shall not prejudice the rights PR*9I.. shall be enough Art 12A.MA.6*R*AF.+ >IF* @.*< I+ FA(.6*R ).I.*R<I(..M*4 .ne spouse was 4*+..6* M4 or M#<I(IA>>G <*(*R**<. o F#.6 his or her .*R =#. R4** art.+ .+(I>IA. 4#(6 M#4.59.6*R '.I9* FR.G of one spouse to the other KR. 2.I.G 46A>> . one spouse becomes a F#KI.R (PK shall be 4*PARA. for 1 year or more Rin case of 1 ) 2 presentation of the FI+A> M#<KM*+. >. a decree of legal separation R*4#M*4 (.+ • Provisions on separation of proper shall govern the spouses Art.*< I+ .R 4#(h Art.I.I. R*9I9* their former regime 6.*+4I9* =#4I+*44*4 which reaches different places ).I.+ &. =* *JPR*44>G 4. (I9I> I+..*4 I.+M*+.P*R.otal o PartialEproperty +. 4pouses who voluntary filed for the dissolution of their property and granted the same agree .ARG 4*PARA.G decreed by court &.he court shall protect the creditors or other persons with pecuniary interest P#=>I(A.P*R. 4*PARA. A=A+<.*+(*< to a penalty which carries with it (I9I> I+. 4pouse left the conjugal home 85.*R<I(.P*R.P*R.+ <.ARG P*...P*R.

+ to their I+(. 9A>#* of their separate property • As to (R*<I.R4 the liability however I4 4. .>I<ARG if such was for the family..P. 1&A >I=I>I..M* or in case of insufficiency or default to the (#RR*+.P*R.I.I*4 • =oth shall bear the family e"penses in PR.* PR.he consent of the other spouse is +. MARN*.G . +*(*44ARG Art.• • *ach shall own dispose of posses administer and enjoy his or her own 4*PARA.R.

K*.I.I.6 A+.6* (APA(I.*+. +. 8.F .RG o 4hall be owned I+ *?#A> +either party may encumber such property 8I.. falling under 1&@ 1. =igamous c.RF*I.+* as to the *J.G A(?#IR*< 86I>* >I9I+K .+ o If there is evidence however that it was jointly ac!uired =#.6A=I. *FF. MARRG due to legal impediments a.6*R P*R4.+.. Parties <.F A(?#I4I.he following must concur parties who are (APA(I.#R* • • 1 party is 9alidly married to another /not the party he cohabits1 o Accures to the A(P or (PK of the >egitimate marriage o If the party who acted in bad faith is +.8+ F#+<4 PR.R.*4 +.RI=#..P*R..wned by them in common PR. Incestuous d.. 9A>I<>G MARRI*< to anyone his5her share shall be F.I.. 6A9* A >*KA> MARRIAK* 8I.*< as followed in 1&@ o In pari delicto same as above . MARRG each other /psychological incapacity absence of license absence of authority of 4olemni-ing officer marriage ceremony minors1 <.R I+<#4.RI=#.6R.6.. .P*R.I. .+ +.RF*I. 1&@ APP>I(A=I>I.A. .*>G .+ presumption shall be for the *?#A> (.btained by their M. +.#K6 ..6* .6* (.8+*< If one of the parties I4 MARRI*< his or her salary or wage shall form part of the (PK or A(P of his legitimate marriage • =elongs to such party PR.I*4 A(?#IR*< *J(>#4I9*>G =G .G A(?#IR*< =G =.AR.RN I+<#4.*< .+ F.I.R.+4*+. 1&0 (.RN . Adulterous relationship b. PR*4#MP.+ to their contribution in • • PR*4#MP.A. 6A9* .I< marriage /not dis!ualified by legal impediments mentioned in 1&01 o (ommon children o <escendants of each party o Innocent party • +. G • • .I.6*R 1 party to a 9.F (.RG PR.6*R • =elongs to such party 4#=M*(.P*R.+ =G *J(>#4I9* F#+< (o owned • • . .+.F ..G .6*IR 8.I+.6 . PR.P..I..#.+ >I9*4 *J(>#4I9*>G with each other as husband and wife 85o the benefit of marriage • AR.wned in *?#Al • 4*PARA..+% o . 9oid by reason of public policy • • 4A>ARI*4 A+< 8AK*4 • .

.6*R cannot be constituted as a family home • >A+< I4 A+ I+.I.+S 1. Art 1'@ 9A>#* of the family home • If at the time of the constitution of the family home the value was M. included because they have their own family • Adopted children are included Art 1'1 4#I. APP>G3 o As to the (I9I> 4.4P*R • *"cept when it should appear that earnest effort towards (.I.IKA. • I+E>A84 are also included Art 1'' 86*+ I4 FAMI>G 6.I+.M* <**M*< (.>G by the husband and wife .((#PI*< A4 A FAMI>G R*4I<*+(* • 6ow would the creditor $now whether a house is a family homeS o . o Murisdiction of the court o F#.MI4*4 the case must be <I4MI44*< • 8hen can this rule +.R.R the #+MARRI*< /4PI+4. • It must appear in the verified complain that they did try to (. debts due to labor mechanics architecture builders etc for the construction of the family home Art. brothers and sisters full or half blood • *"ists even if they donDt live together • Illegitimate children are +.6#4 +ot e"empt from e"ecution or attachments • If improvements on the family home AF. even if the vendor reserves the ownership until all the debts have been paid. of ta"es ).+43 1.R.M .>< A>I*+A.M3 o *"ecution o Forced sale o Attachment Art 1'& =*+*FI(IARI*4 • 6#4=A+< and 8IF* or #+MARRI*< 6*A< .I.he beneficiaries must consent thereto /witten1 • *veryone must give there consent Art.MPR.6* 6. +.. PR.M* • (onstituted M.IM* Art 1') FAMI>G 6.M* may be 4..G .R to the constitution of the family home 2.#. 1'L <*A.I.8+*R • .M* I4 +. <ebts incurred PRI.*<S • It is deemed constituted .#R* 4#PP.A>>M*+.R when there is still a minor beneficiary living therein • 6eirs (A++. I4 .#.MI4* have been made but failed.4 between family members • 46A>> +.*< FR.6* .+ PAGM*+. FR. a family home . 1'0 FAMI>G 6.*R its (.. 46.R • 6is claim is +.#R* >*KI.IM* I. .MI4* and have an amicable settlement • IF +.• FAMI>G Art 1&L FAMI>G Art.nly one residence5dwelling can be constituted as a family home • 6ouse constructed in the >A+< . 1'F FAMI>G R*>A.*< FR.8AR<4 (. 1AF M#<KM*+..I..R. 1'2 86*+ I4 FAMI>G 6.M *J*(#.I.*KRA> part of the family home • 6ome should be P*RMA+*+.F A+. debts secured by M..+4.+ .6* FAMI>G • P A < = 4 /legitimate or illegitimate1 • 8hoever depends upon the head of the family for 4#PP.F . Parent and (hild 2.*< *+(#M=*R*< =G .6*G 46A>> I+9*4.6* . 1'A 8hat properties can be constituted as family homeS • (PK A(P properties of the spouse 4P with the consent of the owner spouse • Family home can be constituted on a property bought on I+4.*R1 6*A< of the family • Family must reside therein • .A..R. in character • 9A>#* should not *J(**< that fi"ed by law Art.M* I4 *J*MP. partition the same #+>*44 the court finds a compelling reason to grant it Art.MPR.KAK* on the premise before or after constitution &.+ o F#.* if the family actually resides therein FAMI>G 6.8I+K .MPR.F *AR+*4.#4* A+< >. (R*<I...+4.R* than the fi"ed value by law 4#(6 6.#4 of the person o A4 to 9A>I<I.F MARRIAK* o Kround for >*KA> 4*PARA. 6usband and 8ife ).M* +.+ A4 4#(6 increased its value it shall still remain as a family home • #rbanE2FF FFF • RuralE)FF FFF • Art. *J*MP.. among those mentioned in art 1'@ .6 of the owner • Family home will continue as such even after the death of the owner for as long as 1F years . ascendants and descendants &. *FF.

bid may be made below the value of the family home • Proceeds shall first be applied to the minimum amount provided in 1'@ so that a new family home may be reconstructed /2FF FFF5)FF FFF1 +*J.+A=>* ground to believe that the value of the home is M.nly 1 family home Art. the e"cess shall be given to the (reditor for payment of the debt or obligation Art.+ • .R* .I.*R+I. 1A) Provisions shall also govern e"isting family residence PA.6e has a R*A.6A+ that fi"ed by law • +.G A+< FI>IA. 1A1 .

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