LAGUARDIA, JOANNA MARIE L.

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CHAPTER I
GENERAL PROVISIONS

In General: The law allows the spouses to fix their property relations during their marriage through “marriage
settlement” (govern by their agreement) subject only to the condition that whatever settlement they have must
be within the limits provided by the Family Code.

Art. 74: Property Relations are governed in the following order:

1. By marriage settlements executed before the marriage;

2. By the provisions of this Code;
3. By the local customs. – arise only if future spouses execute a marriage settlement and stipulate therein
that the absolute community shall not exist between them but without providing for the rules or regime
that shall govern their property relations.

Art. 75: Property Regime:

1. Absolute Community;
2. Conjugal Partnership of Gains
3. Complete Separation of Property;
4. Or any other regime.

*Not contrary to law, morals, good customs, public order and public policy.

In case of absence of marriage settlement or when regime agreed upon is void:

REGIME OF ABSOLUTE COMMUNITY OF PROPERTY shall govern.

PROPERTY REGIME BY DEFAULT:

Civil Code Family Code

(Prior Aug 3, 1988 (Aug 3, 1988)
After Aug 30, 1950)

Regime of Conjugal Regime of Absolute

Partnership of Gains Community of
Property

Art. 76:

MODIFICATION IN MARRIAGE SETTLEMENT:

Generally: It is valid if made before the celebration of marriage.

Exceptions:

1. ACP/ CPG was dissolved and liquidated upon a decree of legal settlement;
2. The spouses who were legally separated reconciled and agreed to revive their former property regime
(Art. 66-67);
3. There was Judicial Separation of Property on the ground that a spouse abandons the other without just
cause or fails to comply with his obligations to the family (Art. 128);
4. There was Judicial Separation of Property under Art. 135;
5. Spouses jointly filed a petition for the voluntary dissolution of their ACP or CPG under Art. 136.
ART. 77:

MARRIAGE SETTLEMENT AND MODIFICATION FORMALITIES REQUIRED:

1. In writing;
2. Signed by the parties;
3. Executed before the celebration of marriage

Shall not prejudice third persons unless they are registered in the *local civil registry where marriage contract is
recorded as well as in *proper registries of property.

New Civil Code Family Code

Art. 122: Art. 77:

governed by Statute of notwithstanding the
Frauds. absence of express
provisions shall
continue to be
governed by Statute
of Fraud.

Art. 1403 (Statute of Fraud)

Unenforceable unless ratified.
NOT Void.

ART. 78:

Party in a marriage who is a MINOR (construed as referring to party who is at least 18 y/o but below 21), in which
parental consent is required, persons whose consent is required under ART. 14 of FC IS ALSO REQUIRED TO BE A
PARTY for the validity of the Marriage Settlement.

ART. 79:

If one of the future spouses is suffering from CIVIL INTERDICTION or from any incapacity to give consent, it is
indispensable for a guardian appointed by the competent court to be made a party thereto, for the validity of
Marriage Settlement.

ART. 80:

Absence of contrary stipulation to Marriage Settlement- PHILIPPINE LAW shall govern the Property relations,
regardless of the place of the celebration of marriage and their residence.

This rule shall not apply:

1. Where both spouses are alien;

2. With respect to the extrinsic validity (forms and solemnities) of contracts affecting property not situated
in PH and executed in country where the property is located;
3. With respect to the extrinsic validity (forms and solemnities) of contracts entered into the PH but
affecting property situated in a foreign country whose laws require different formalities for extrinsic
validity.

ART. 81

EFFECT OF NON CELEBRATION OF MARRIAGE UPON MARRIAGE SETTLEMENT:

- Marriage is a condition sine qua non for the validity of marriage settlement.
If the marriage did not take place:

Everything Provisions in the marriage

stipulated in the settlement that does not
marriage depend upon celebration of
settlement or marriage
contract, including
donations b/w
prospective
spouses made
therein

VOID NOT AFFECTED

Ante Nuptial Contract Donation Propter

(Marriage Settlement) Nuptias (Donation by
reason of marriage)

Marriage is a Does not depend on

condition sine qua marriage for validity. It
non- Depend on only give rise to a
marriage for validity cause/ground to
revoked DPN, if not
revoked it continues to
be valid.