In re Szatraw: Presumption of death cannot be invoked, nor can

ARTICLE 41 & ARTICLE 42 it be made the subject of special proceeding

 Generally, any marriage contracted by any person during the Lukban v. Republic: A petition for judicial declaration that
subsistence of a previous marriage shall be null and void petitioner’s husband is presumed to be dead cannot be
and any subsequent marriage contracted before former entertained because it is not authorized by law.
marriage has been legally dissolved or before declaration
that absent spouse is presumptively dead by means of a Civil Code Rule vs Family Code Rule
judgment in proper proceedings is guilty of the crime of Civil Code Family Code
bigamy.  Seven consecutive years  The time required for the
Exceptions: a subsequent bigamous marriage may be absent presumption to arise has
considered valid if  No judicial declaration of been shortened to four
a) Prior spouse of the contracting party must have been absent presumptive death is years
for four consecutive years or two years where there is necessary as long as  There is a need for a
danger of death prescribed period of judicial declaration of
b) Spouse present has a well-founded belief that absent spouse absence is met presumptive death to
is already dead  Merely requires that there enable the spouse present
c) Judicial declaration of presumptive death of the absentee for be no news that absentee to remarry otherwise
which purpose the spouse present can institute a summary is still alive or that subsequent marriage is
proceeding in court to ask for that declaration. absentee is generally void ab initio for being a
OLD RULE considered to be dead and bigamous marriage and
 Prior to effectivity of Family Code, the applicable provision believed to be so by the there will be liability for
with respect to a valid subsequent marriage is Article 83 of spouse present or is the crime of bigamy
the Civil Code presumed dead under  Prescribes a well-founded
 Under the provision, for purposes of civil law marriage law, Articles 390 and 391 of belief that absentee is
it is not necessary to have former spouse judicially declared Civil code already dead before a
an absentee petition for declaration of
 The law only requires that former spouse has been presumptive death can be
absent for 7 consecutive years at the time of second granted.
marriage
 Spouse present does not know his or her former spouse
Valdez v. Republic: No decree on the presumption of the
to be living
absentee’s death can be granted under the Civil Code, the same
 Former spouse is generally reputed to be dead
presumption having arisen by operation of law.
 The spouse present believed he/she is dead at the time
of celebration of marriage.
NOTE: If a subsequent marriage took place prior to the
effectivity of the Family Code, the same is considered valid
nothwithstanding the absence of a judicial declaration of
presumptive death.
Purpose of Judicial Declaration of Presumptive Death: It is
intended to protect the present spouse from a criminal
prosecution for bigamy under Article 349 of RPC because with
the judicial declaration that the missing spouse presumptively
dead, the good faith of the present spouse in contracting a
second marriage is already established.
Requisites for Declaration of Presumptive Death
Republic v. Nolasco
1. That the absent spouse has been missing for four
consecutive years or two consecutive years if the
disappearance occured where there is danger of death under
circumstances laid down in Article 391 of the Civil Code
2. That the present spouse wishes to remarry
3. That the present spouse has a well-founded belief that the
absentee spouse is dead
4. That the present spouse files a summary proceeding for
declaration of presumptive death of the absentee
NOTE: The burden of proof rests on the present spouse to show
that all the requisites under Article 41 are present.
He who alleges a fact has the burden of proving it and mere
allegation is not evidence
NOTE: The requirement of “well-founded belief “ can only be
discharged upon a showing of proper and honest-to-goodness
inquiries and efforts to ascertain not only the absent spouse’s
whereabouts but, more importantly, that the spouse is still alive
or is already dead.
Requirement of Well-Founded Belief
 It depends upon the circumstances of each particular case
 Determination remains on a case-to-case basis
 The present spouse must prove that his/her belief was a
result of diligent and reasonable efforts and inquiries to
locate the absent spouse
 Requires exertion of active effort and not a passive one
Sample Cases: pp.421-426
Republic v. CA (10th Div)
Republic v. Granada
Republic v. Nolasco
Republic v. Cantor
Republic v. Orcelino-Villanueva
Summary Proceedings to Obtain Judicial Declaration
 The Family Code is explicit that the court’s judgment in
summary proceedings shall be immediately final and
executory
 It follows that no appeal can be had of the trial courts
judgment in a summary proceeding for the declaration of
presumptive death of an absent spouse under Article 41 of
the Family Code
 An aggrieved party may however file a petition for certiorari
to question abuse of discretion amounting to lack of
jurisdiction (to be filed in CA)
 From the decision of CA, losing party may file petition for
review on certiorari under Rule 45 of the Rules of Court
with the SC
Effects of Judicial Declaration of Presumptive Death
 Upon compliance with the requisites in Article 41, the
spouse present may contract a subsequent marriage after
obtaining a judicial declaration of presumptive death of the
 absentee.
 The absentee shall be presumed dead, but only for the
purpose of allowing the spouse present to contract a
subsequent marriage.
 The law presumes the termination of the previous marriage
following the judicial declaration of presumptive death of
the absentee spouse since death of one of the spouses results
in the termination of the marriage
 The spouse present will then be capacitated to contract a
subsequent marriage
NOTE: The Judicial declaration of presumptive death of the
absentee is without prejudice to the effect of his reappearance.
 Once the reappearance of the absentee spouse is clearly
established in the manner required by law, the
presumption of death of the absentee is rendered
ineffective.
 An affidavit of reappearance of the absentee spouse is
required to be recorded in civil registry of the residence
of the parties to the subsequent marriage
 If not disputed, the recording of such affidavit has the
effect of rendering the presumption of death of the
absentee ineffective
 Results in the automatic termination of the subsequent
marriage and resumption of all rights, obligations and
effects of previous marriage.
 But the subsequent marriage will be recognized as valid
if both parties did not act in bad faith.
Question: What is the effect of such judicial declaration on the
property regime of the previous marriage?
 Such presumptive death of the absentee necessarily results
in a presumption of termination of the previous marriage
and the dissolution of the absolute community regime or of
the conjugal partnership.
 The present spouse who obtained the judicial declaration of
presumptive death is required to liquidate the absolute
community property or the conjugal partnership property of
the previous marriage within one year from the issuance of
the judicial declaration of presumptive death prior to
contracting a subsequent marriage; otherwise, a mandatory
regime of complete separation shall govern the property
relations of the subsequent marriage
Effects of Recording of Affidavit of Reappearance
 Mere reappearance of absentee spouse does not terminate
the subsequent marriage
 SSS v. Jarque Vda. De Bailon: Affidavit or court action is
necessary without such, the absentee must still be regarded
as legally an absentee unitl the subsequent marriage is
terminated as provided by law.
Conditions under Article 42:
a) The non-existence of a judgment annulling the previous
marriage or declaring it void ab initio
b) Recording in the civil registry of the residence of the parties
to the subsequent marriage of the sworn statement of fact
and circumstances of reappearance (Affidavit of
reappearance)
c) Due notice to the spouses of the subsequent marriage of the
fact of reappearance
d) The fact of reappearance must either be undisputed or
judicially determined
NOTE: The termination of the subsequent marriage by affidavit
provided in Article 42 of the Family Code does not preclude the
filing of an action in court to prove the reappearance of the
absentee and obtain a declaration of dissolution or termination of
the subsequent marriage
Two ways/remedies of terminating the subsequent marriage:
1. by the recording of the affidavit of reappearance
2. By a judicial declaration of dissolution or termination of the
subsequent marriage
NOTE: The termination of a subsequent marriage due to the
recording of an affidavit of reappearance is an extra-judicial
termination of a marriage and hence, the second spouse (of the
spouse present) may immediately contract another marriage
without the requirements in Article 52 of the Family Code.
Effects of Death of Either Spouse in the Subsequent Marriage:
 The good or bad faith of either spouse can no longer be
raised, because, as in annullable or voidable marriages, the
marriage cannot be questioned except in a direct action for
annulment.
 If absentee reappears only after the death of the present
spouse and files an affidavit of reappearance, such belated
filing of an affidavit shall no longer produce the effects
provided for in Article 43 of the Family Code since the
subsequent marriage had already been terminated by the
death of the spouse present.
 The terminated marriage is exceptionally considered valid
 The second spouse shall be considered as the surviving
spouse for purposes of succession and not the absent or
presumptively dead spouse who may have reappeared.
Question: What if the presumptively dead spouse has not really
been absent and the judicial declaration of presumptive death
was obtained by reason of extrinsic fraud, what is his/her
appropriate remedy?
 According to Santos v Santos: The proper remedy is not the
filing of an affidavit of reappearance but an action to annul
the judgment declaring him/her presumptively dead.
 If absent spouse is limited to affidavit of reappearance, it is
not sufficient because:
1. It carries with it an admission on the part of the first
spouse that his/her marriage to the present spouse was
terminated when he/she was declared absent or presumptively
dead
2. The children of the subsequent marriage conceived
before the termination shall still be considered legitimate
3. Property relations of the spouse in the subsequent
marriage will be the same as in valid marriages
4. A judgment declaring presumptive death is a
defense against prosecution for bigamy.
***The ruling in Santos was debunked and stated that any
remedy will lead to the admission on the part of the first spouse
that his or her marriage to the present spouse was terminated and
the second marriage is valid
NOTE: Under Articles 41-44 of the Family Code, the
subsequent marriage referred to in Art. 41 is considered valid if
it was celebrated after the present spouse had obtained a judicial
declaration of presumptive death of the absent spouse, regardless
of the good faith or bad faith of the present spouse in obtaining
the judicial declaration of presumptive death.
 The subsequent marriage remains valid
nothwithstanding the bad faith of the present spouse in
obtaining the judicial declaration of presumptive death
and in contracting the marriage so long as the second
spouse acted in good faith.
***A third remedy for the presumptively dead spouse if he/she
can prove that BOTH spouses of the sub. Marriage acted in bad
faith is to file a petition for declaration of absolute nullity of the
subsequent marriage.
 Under Juliano-Llave v. Republic and Fujiki v. Marinay, the
rule in AM-02-11-10-SC does not apply if the reason behind
the petition is bigamy; hence, the absent spouse has the
 personality to file such petition for the subsequent bigamous
marriage.
On Well-founded belief:
 The decision of the competent court constitutes sufficient
proof of his/her good faith and his/her criminal intent in
case remarraige is effectively negated
 Application of “strict standard “ approach
 Remedy of the court should be the strict standrad and not
the setting aside judgment on ground of extrinsic fraud (p.
441)
Who can File Affidavit of Reappearance
 By “any interested person “ and not only by the reappearing
spouse
 Any of the parties to the previous and subsequent marriages
may qualify as an interested person
 Hence, the second spouse may cause the automatic
termination of his/her marriage to the spouse present by
recording the required affidavit of reappearance.
ARTICLE 43 & ARTICLE 44
Status of Children
 Children conceived prior to the termination of the
subsequent marriage are considered legitimate
 With respect to custody and support of children, it may be
subject to agreement between the spouses to the subsequent
marriage but in case of dispute, the matter shall be decided
by the court in proper proceeding
Dissolution and Liquidation of Property Regime
 Upon termination, the absolute community or the conjugal
partnership property shall be forfeited in favor of the
common children or, if there are none, the children of the
guilty spouse by a previous marriage or in default thereof,
the innocent spouse.
Effect on Donation Propter Nuptias
 Donation Propter Nuptias= Donations by reason of marriage
are those which are made before its celebration in
consideration of the future of one or both spouses
 It is necessary that the donee should be one or both of the
spouses
 Upon termination of sub marriage, donations propter nuptias
as a rule, remain valid
 But if donee contracted marriage in bad faith, such
donations made are revoked by operation of law
 If both acted in bad faith, marriage is void ab initio and all
donations by reason of marriage are likewise revoked by
operation of law.
Effect on Designation of One Spouse as Beneficiary in
Insurance Policy
 Insurance Code: if the designation of the beneficiary in the
insurance policy is irrevocable, the insured has no right to
change the beneficiary he designated in the policy.
 As exception, if one of the spouses acted in bad faith, the
innocent spouse has the right to revoke his/her designation
as beneficiary even if it is irrevocable upon termination of
sub marriage
Disqualification to Inherit From Innocent Spouse
 Upon termination of sub marriage, parties cease to be a legal
heir of each other unless parties are collateral blood relatives
within 5th civil degree
 Even in latter case, disqualification to inherit by intestate
succession provided in 43(5) still applies
 Spouse who acted in bad faith is also disqualified to inherit
from innocent spouse by testate succession
 If both acted in bad faith, marriage is void and all
testamentary dispositions made by one in favor of the other
 are revoked by operation of law
NOTE: The effects laid down by Article 43 apply only if the
subsequent marriage is terminated either by the recording of the
affidavit of reappearance or by a judicial declaration of
dissolution or termination of the subsequent marriage by reason
of reappearance of the absentee spouse
 Do not apply if terminated or dissolved by death of
either spouse in which case the effects of dissolution of
valid marriages shall arise and good faith or bad faith
can no longer be raised.
Where Both Parties Acted In Bad Faith
 A sub marriage under art 41 remains valid unless BOTH
spouses in the sub marriage acted in bad faith in which case
it is declared void ab initio
What constitutes Bad Faith
 Imports a dishonest purpose or some moral obliquity and
conscious doing of wrong---partakes of the nature of fraud,
a breach of a known duty through some motive of interest or
ill-will
 A marriage is deemed to have been contracted in bad faith if
a party thereto knows, at the time of the celebration of the
marriage, that the absentee is still alive
NOTE: The existence of a judicial declaration of presumptive
death is not a guarantee that the spouse present has acted in good
faith in contracting the marriage.
 The law requires that the good faith should last up to
the to the time of the celebration of the subsequent
marriage.
NOTE: if both parties acted in bad faith, the sub marriage is to
be considered void ab initio since it is contracted during the
subsistence of a previous marriage
 It is bigamous under Art 35(4) and parties shall be liable for
bigamy even with the presence of judicial delcaration of
presumptive death
 The effects applicable to void marriages under Art 35(4)
also apply to the void marriage under Art. 44
General Terms for Articles 45-47
 A marriage is voidable if there is a defect in consent that
was given
 A voidable marriage is considered valid and produces all its
civil effects until it is set aside by final judgment of a
competent court in an action for annulment
 While annulment of marriage dissolves special contract, the
law makes express provisions to prevent effects of the
marriage from being totally wiped out (status of children)
Annulment
 The judicial or legal process of invalidating a voidable
marriage
 To annul: to reduce to nothing; to nullify; to abolish; to do
away with
 Null and Void: does not exist from the beginning
Ratification/ Confirmation
 the act or means by virtue of which efficacy is given to
contract which suffers from vice of curable nullity.
 When a person entitled to bring an action for annulment,
with knowledge of the cause of annulment and after it has
ceased to exist, validates the contract either expressly or
impliedly.
Requisites for ratification:
1. the contract should be tainted with a vice which is susceptible
of being cured
2. the confirmation or ratification should be effected by the
person who is entitled to do so under the law

3. it should be effected with knowledge of the vice or defect of

the contract

4. the cause of the nullity or defect should have already

disappeared
 In General Other notes/ Who may file Prescriptive Subject to
Description annulment period Ratification
1. No Parental While a person at In accordance The action may be If by person whose Under Art 45(1),
Consent least 18 years of age with Article 14, the filed either 1.) by consent is required: ARTICLES 45-47
this kind of
is legally father, mother, the person whose The action is voidable marriage
capacitated to surviving parent or consent is required required to be is ratified if the
contract marriage, guardian or persons but only in cases instituted before the party whose parent
the law imposes having legal charge where the party party reaches the did not give consent
further requirement of a party at least 18 whose parent did age of 21 after reaching age
of obtaining but below 21 in the not give consent has of 21, freely
parental consent if order mentioned not yet reached 21 If filed by party cohabits with the
such party is below must give consent and 2.) by the party whose parents did other and both lived
21 The father’s whose parent did not give consent: together as husband
In the absence, consent alone will not give consent, The action may and wife
the marriage is satisfy the statute; if but only in cases prosper only if such Only the party
voidable and father refuses to where such party party reached 21 whose parent did
subject to give consent, has already reached years of age and the not give consent is
annulment mother cannot do 21. action is filed entitled to ratify the
In the absence, anything withina period of marriage in the
the law considers If illegitimate FIVE years after manner required by
consent given by child, the consent of attaining age 21. law.
such party as the mother is The consent of the
defective sufficient since the After such period, other contracting
child is under her action for party is not required
parental authority annulment is for the ratification
and if the father is already prescribed to take effect.
dead, mother’s or barred by the
consent is sufficient statute of limitation

2. Unsoundness If either party is of Presumption of The sane spouse has The action must be The law authorizes
of Mind unsound mind at the Sanity: A person is the legal standing to filed at anytime only the insane
time of the presumed to be of file the action for before the death of person after gaining
celebration of sound mind at any annulment only in either party sanity to ratify the
marriage, it is particular time and cases where he or marriage by freely
annullable the condition is she contracted
NOTE: The filing cohabiting with the
The mental presumed to marriage without
of the sane spouse sane spouse as
incapacity of one of continue to exist, in the knowledge of
for an action of husband and wife.
the parties must the absence of proof the other’s insanity
annulment is The sane spouse is
relate specifically to to the contrary. exercisable only not entitled to ratify
the contract of If sane spouse had prior to the the marriage even if
marriage The burden of proof knowledge: ratification of he/she had no
The test is whether rests on him who The action may be marriage by the knowldge of other’s
Effects of Final Judgment of Annulment

The final judgment of annulment dissolves the special contract of marriage as if it had never been entered into but the effects of the
marriage are not totally wiped out
1. Termination of marital bond
2. Children born before judgment are considered legitimate
3. The absolute community property regime or conjugal partnership property regime is terminated or dissolved and shall be
liquidated
4. Provide for the custody, support of the common children and the delivery of their presumptive legitimes
5. Donations by reasons of marriage shall remain valid unless donee acted in bad faith
6. Innocent spouse may revoke designation as beneficiary in insurance policy
7. Those who acted in bad faith shall be disquaified to inherit from spouse by testate and intestate succession
8. If the wife is the guilty party, she shall resume her maiden name and surname; if she is the innocent spouse, she may resume her
maiden name and surname. She may continue to employ her husband’s surname unless: the court decrees otherwise and she or
former husband is married again to another person
9. The parties are free to re-marry but must comply with the requirements of Article 52 otherwise; the sub marriage shall be null and
void.

TITLE II- LEGAL SEPARATION
ARTICLE 55
 Legal Separation- a legal remedy available to parties in a
valid but failed marriage for the purpose of obtaining a
decree from court entitling him or her to certain reliefs such
as right to live separately from each other , the dissolution
and liquidation of their absolute community or conjugal
partnership property regime and custody of their minor
children
 Does not affect the marital bond between the husband
and wife (Marriage bpnd is not severed)
 Does not dissolve the marriage tie or authorize spouses
to remarry
  Can only be availed of if there is a ground in doing so (Anti-Violence Against
Annulment & Absolute Legal Separation Women and their Children
Divorce Act of 2004)
 The marriage bond is  The marriage bond is not  In view of grossly abusive
severed or terminated, severed conduct, psychological
allowing parties to re  The cause must and sexual violence and
marry necessarily exist only repeated verbal abuse may
 In Absolute divorce, the AFTER the celebration of likewise qualify as
cause must exist AFTER the marriage grounds for legal
the celeb of marriage but separation
in annulment, the gounds RA 9262:
must exist AT THE TIME Psychological violence- acts
of the marriage or omissions causing or likely
NOTE: Philippine laws do not provide for absolute divorce to cause mental or emtional
alrthough it recognizes as valid the divorce obtained by an alien suffering of the victim such as
spouse who is married to a Filipino citizen. but not limited to intimidation,
The laws provide for Relative divorce- Annulment and Legal harassment, stalking, damage
Separation to property, public ridicule or
humiliation, repeated verbal
GROUNDS FOR LEGAL SEPARATION: abuse and mental infidelity.
 Provided in Article 55 -It includes causing or
 Exclusive and restrictive allowing victim to witness
R M P F D L S SA A physical or psychological
Ground Explanation abuse of another… (p. 508)
1. Infliction of Physical  Repeatedly resorted to by Sexual Violence-An act which
Violence/ Grossly abusive respondent against is sexual in nature, committed
Conduct petitioner, a common child against a woman or her child
or child of petitioner A. Rape, sexual harrasment,
 If physical violence is acts of lasciviousness…
directed against wife, a B. Acts causing victim to
common child or child of engage in any secua activity by
the wife, the same is also force…
punishable under RA 9262 C. Prostituting

2. Moral Pressure  Resorted to in order to
compel the petitioner to
change his or her religious
or political affiliation
 The moral pressure must
be directed against the
petitioner
 If the same is directed
against a common child or
a child of the petitioner to
compel said child to
change religious or
political affiliation,there is
no ground for legal
separation
3. Promotion of Prostitution  Attempt on the part of the
respondent to corrupt or
induce the petitioner, a
common child, or a child
of the petitioner, to engage
in prostitution, or
connivance in such
corruption or inducement
 Also punished under RA
9262 if directed against
wife or a child of the wife
 May likewise be a ground
under par. 1 referring to
“grossly abusive conduct “
4. Final judgment of More than  Even if the respondent is
6 years imprisonment pardoned and regardless of
the nature of the crime for
5./ 6. Drug addiction, Habitual  Must exist only after the
Alcoholism, Lesbianism or
Homosexuality
7. Contracting of Subsequent  This provision considers
Bigamous Marriage
which the respondent is
convicted
 Requisites:
1. The sentenced imposed is
imprisonment of more than 6
years
2. The conviction occurs only
AFTER the celebration of the
marriage
NOTE: If the respondent is
convicted in a final judgment
prior to the celebration of the
marriage, it is a ground for
ANNULMENT if the crime
involves moral turpitude and
the fact that conviction is NOT
disclosed to the other party.
celebration of the marriage
 If concealed, and present
during the time of
marriage, ground for
ANNULMENT
 No concealment= no
ground for annulment
the mere act of contracting
a second marriage during
the subsistence of the prior
valid marriage as a ground
for legal separation,
regardless of the fact that
the second marriage is
 void ab initio on grounds
other than the existence of
the first marriage
NOTE: Contracting a opposite sex
subsequent bigamous marriage
is a ground to declare the
subsequent marriage as void ab
initio but it does not affect the
validity of the prior marriage.
In such situation, the remedy
of the aggrieved party in the
prior marriage is legal
separation under par. 7 art 55
8. Sexual Infidelity ot  Under this parahraph,
Perversion mere sexual indifelity is a
ground for legal
separation, without
requiring that the same be
in the form of adultery or
concubinage.
 A single act of sexual
intercourse on the part of
BOTH the husband and
the wife with a person
other than their spouse
will now be a ground for
legal separation.
 The new law no longer
requires that there be
sexual intercourse since
any sexual act short of the
actual sexual intercourse
may fall under sexual
indifelity
 No longer requires that it
be committed with the
NOTE:
In the old law, under the
new civil code, it was required
that sexual infidelity must be
in the form of adultery (wife)
or concubinage (husband)
Criminal conviction is not
necessary
 Sexual perversion includes
all unusual or abnormal
sexual practices which
may be offensive to the
feelings or sense of
decency of either husband
or wife.
 If the husband uses force,
physical or other harm or
threat of physical or other
harm or intimidation,
against his wife for the
purpose of satisfying
sexual perversion, the
same constitutes a crime
under RA 9262
9. Attempt on the life of the  Requires the presence of
Spouse intent to kill
 If the injury caused to a
spouse is merely
 accidental or not
intentional, it will not be a
ground for legal separation
een if the injury is life-
threatening
 If the act of attempting to
kill the spouse is justified
or excused such as self-
defense, the same is not a
ground for legal separation
(Example page 511)
10. Abandonment  The act of one spouse
voluntarily separating
from the other, with
intention of not returning
to live together as husband
and wife, that continues
for the length of time
required by statute.
 Requisites:
1. the abandonment must be
without a justifiable cause
2. The abandonment must be
for more than a year
 A spouse is deemed to
have abandoned the other
when he or she has left the
conjugal dwelling wihtout
the intention of returning
 The spouse who has left
the conjugal dwelling for a
period of 3 months or has
failed within the same
period to give any
information as to his or
her whereabouts shall be
prima facie presumed to
have no intention of
returning to the conjugal
dwelling, but in order for
it to be a ground for LS,
the same must have lasted
for MORE THAN 1 YEAR
ARTICLE 56
 Grounds for denial of peition for LS
Ground Explanation
1. Condonation  The conditional
forgiveness or remission
“Alam kong nambabae/ by a husband or wife, of a
nanlalake ka, pero matrimonial offense which
pinapatawad na kita, kaya the other has committed
mag sama na tayo ulit “  It blots out an imputed
offense against the marital
relation so as to restore the
offending party to the
same position he or she
occupied before the
offense was committed
  Subject to an implied
condition that the party
forgiven will abstain from
the commission of the like
offense thereafter
 A breach of this condition
revives the right of suit for
the original misconduct.
 But while the condition
remains unborken,
condonation on whatever
motive it proceeded, is an
absolute bar to the remedy
for the particular injury
condoned.
 Condonation may be
express (signified in words
or writing) or implied
(from the conduct of
parties)
 General Rule: any
cohabitation with the
guilty party, after the
commission of the offense,
and with the knowledge or
belief on the part of the
injured party of its
commission, will amount
to conclusive evidence of
condonation
2. Consent  Agreement or conformity
in advance of the
“Kung gusto mo commission of the act
mambabae/manlalake, okay which would be a ground
lang sa akin, GO lang “ for legal separation.
 May be express or implied
 Consent vs Condonation
Consent is given in advance
or prior to the commission of
the act whereas condonation is
the forgiveness of a
matrimonial offense after its
commission
3. Connivance  Implies agreement,
express or implied, by
“Uy, manlalake/ mambabae both spouses to the ground
ka nga para magkaroon tayo for legal separation
ng reason para mag petition  Necessarily involves
ng LS “ criminality on the part of
the individual who
connives; it differs from
condonation where it may
take place without
imputing the slightest
blame to the party who
forgives the injury
 Must be an act of the mind
BEFORE the offense is
committed; condonation
on the other hand is the
result of a determination to
forgive an injury which
was not known until after
it was inflicted
Examples of Connivance (page
515)
4. Mutual Guilt/  Both parties have given
Recrimination/ Papi Directo
“May lalake si ate, pero may
babae din pala si kuya “
5. Collusion
“Uy KUNWARI nanlalake/
nambabae ka ah? Paniwaliin
natin yung court “
6. Prescription
(ARTICLE 57) from the time of the
ground for legal separation occurence of the cause,
 Hence, LS must be otherwise it will be barred
claimed only by the by prescription
innocent spouse and where
both spouses are Effect of Death
offenders, LS cannot be  LS=bed and board separation
claimed by either of them  Death of one party to the action causes the death of the
 Agreement between the action itself. (action personalis moritur cum persona)
husband and wife for one Section 21 of the Rules on LS (AM no 02-11-11-SC) (p. 520)
of them to commit, or to Death at any stage of proceedings= case closed and terminated
appear to commit, or to be Death after entry of judgment= binding upon the parties and
represented in court as their successors in interest
having committed, a
matrimonial offense, or to
suppress evidence of a
valid defense, for the
puspose of enabling the
other to obtain a divorce ARTICLE 58 & ARTICLE 59
or LS.
Cooling off Period
 May be express or implied
 Article 58 mandates that an action for legal separation must
 There would be collusion
in no case be tried before six months shall have elapsed
if the parties had arranged
since the filing of the petition in order to provide the parties
to make it appear that a
cooling off period
matrimonial offense had
 The court should take steps toward getting the parties to
been committed although
reconcile
it was not or if the parties
 During this period, the court where the action is pending
had connived to bring
shall remain passive and is precluded from hearing the suit.
about a LS even in the
ABSENCE of grounds
Does Article 58 in prohibiting hearing of an action for legal
therefore.
separation before the lapse of six month cooling off period
 An action for LS must be
likewise preclude the court from acting on a motion for
filed WITHIN 5 YEARS
preliminary mandatory injunction applied for as an ancillary
remedy to such suit?
Somosa-Ramos v. Vameta: NO. Article 58 is not an absolute
bar to the hearing of a motion for preliminary injunction prior to
the expiration of the six month cooling off period.
NOTE: The requirement of six months cooling off period under
Article 58 shall NOT apply in cases of legal separation where
violence (as specified in RA 9262) is alleged. (Section 19 RA
9262)
 In such a case, the court shall proceed on the main case and
other incidents of the case as soon as possible and the
hearing on any application for protection order filed by the
petitioner must be conducted within the mandatory period
provided in said Act.
Section 3 of RA 9262
 Violence against women and children refers to any act or a
series of acts committed by any person against a woman
who is his wife, former wife, or against a woman with
whom who is his wif, former wife or against a woman with
whom the person has or had a sexual or dating relationship,
or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or wihtout the
family abode , which result in or is likely to result in
physical, sexual, psychological harm or suffering or
economic abuse.
A. Physical Violence
B. Sexual Violence
C. Psycholoical Violence
D. Economic Abuse
(Page 523-524)
ARTICLE 60
No judgment based on a stipulation of facts or Confession of
Judgment
 This rule is predicated on the fact that the institutions of
marriage and of the family are sacred and therefore are as
much the concern of the State as of the spouses.
 Marriage is more than a mere contract between the parties;
state is vitally interested
 When the defendant fails to appear, the law enjoins the court
to direct the prosecuting officer to intervene for the State in
order to preserve the integrity and sanctity of the marital
bonds
Confession of judgment Stipulation of Facts
 Usually happens when the  Occurs when the parties in
defendant appears in court a suit stipulated on the
and confesses the right of existence of certain facts
plaintiff to judgment or and thereafter submits the
files a pleading expressly case for decision based on
agreeing to the plaintiff’s said stipulation
demand
NOTE: The law does not, however, exclude as evidence, any
admission or confession made by the respondent in a legal
separation case outside the court.
 But if the ground for LS can be proven by other evidence
independent of respondent’s statement, the decree of legal
separation may and should be granted, since it would not be
based on respondent’s confession, but upon evidence
presented by the petitoner.
Intervention of State of Attorneys
When does this take place: Where no answer is filed by the
respondenr in a legal separation case or if the answer does not
tender an issue, the court shall order the public prosecutor to
investigate whether collusion exists between the parties.
 Within One month after receipt of court order, the public 6. Order of Protection (Section 7)
prosecutor shall submit a report to the court on whether the 7. Administration of Common Property (Section 8)
parties are in collusion and serve copies on the parties and their Issuance of Protection Orders
respective counsels, if any. A. Protection Under RA 9262
 RA 9262 is a landmark legislation that defines and
criminalizes acts of violence against women and their
children perpetrated by women’s intimate partners
If collusion exists, he shall If no collusion exists, the
court shall set the case for 1. Barangay Protection Orders
state the basis thereof in 2. Temporary Protection Orders
his report pre-trial
3. Permanent Protection Orders
B. Protection Order under A.M. No. 02-11-12-SC
It shall be the duty of the
 Section 7
The parties shall file their
respective comments public prosecutor to appear  Available to any party in the legal separation, be it the
within 10 days from the for the State at the pre-trial husband or wife (p. 538)
receipt of the copy thereof

The court shall set the ARTICLE 63

ARTICLE 61 & ARTICLE 62
report for hearing and if
convinced that parties are Effects of the decree of legal separation
Pendency
in collusion, of Legal
dismiss the Separation Case Effect Explanation
 The Court or upon application under
petiton oath of any of the Right to Live Separately  Bed-and-board separation
parties, guardian or designated custodian, may issue of spouses
provisional orders and protection orders with or without a  But the marital bond is not
hearing. severed
 These orders may be enforced immediately, with or without Dissolution and Liquidation of  Upon finality of the decree
a bond, and for such period and under such terms and Property Regime of LS
conditions as the court may deem necessary.  Necessary consequence of
A.M. No. 02-11-12-SC (Rule on Provisional Orders) (pp. 527- the final decree
531)  An inevitable incident of
1. Spousal Support (Section 2) the judgment decreeing
2. Child Support (Section 3) LS- for the puspose of
3. Child Custody (Section 4) determining the share of
4. Visitation rights (Section 5) each spouse in the
5. Hold Departure Order (Section 6) community property or
 conjugal assets
 In the distribution of net
profits of the community
property or conjugal
partnership, the offending
spouse shall have no right
to any share of the same,
which shall be forfeited in
favor of the common
children….
NOTE: What is forfeited in
favor of the beneficiaries
mentioned above is not the
offending spouse’s share in the
absolute community or
conjugal partnership property
but merely in the net profits.
Custody of Children  The custody of the minor
children shall be awarded
to the innocent spouse
Tender age Rule (Article 213
par 2)
 A child under seven years
of age shall not be
separated from his mother
unless the court finds
compelling reasons to
order otherwise
Section 28 of RA 9262
 Prohibits the awarding of
custody of minor children
to the perpatrator of a
woman who is suffering
Disqualification to Inherit
ARTICLE 64
Revocation of Donations
 The decree of LS does not affect the validity of any
from battered woman
syndrome
 Once LS is decreed, the
offending spouse shall be
disqualified to inherit from
the innocent spouse by
intestate succession
 Unless the decree is set
aside, the offending
spouse shall cease to be a
legal heir of the innocent
spouse.
 The offending spouse is
not however disqualified
to inherit from the
innocent spouse by by way
of testate succession,
although any provision in
the latter’s will existing at
the time of the issuance of
the decree of LS in favor
of the former is revoked
by operation of the law
NOTE: This will not however
prevent the innocent spouse
from validly naming the
offending spose as heir in his
or her will executed after the
decree of LS.
 donation propter nuptias made by the innocent spouse in
favor of the offending spouse and neither does it affect the
validity of the designation of the latter as beneficiary in any
insurance policy of the former
 However, the innocent spouse HAS THE RIGHT to revoke
said donation, as well as the designation of the offending
spouse as beneficiary in his or her insurance policy, even if
such designation be stipulated as irrevocable.
 The revocation or change in the designation of the insurance
policy shall take effect only upon written notification
thereof to the insurer.
 The action to revoke the donation must be brought within 5
years from the finality of the decree of LS in the same court
which decreed the LS, otherwise it will be barred by the
statute of limitations.
Cessation of Support
 Upon finality of decree of LS, the obligation of mutual
support between the spouses ceases.
 However, the court may in its discretion order the guilty
spouse to give support to the innocent one
Wife’s Use of Surname
 The wife, even after the LS has been decreed, shall continue
using her name and surname employed before the LS.
 This is because her married status is unaffected by the
separation, there being no severance of the vinculum.
ARTICLES 65, 66 & 67
Reconciliation
 Spouses must file a corresponding joint manifestation under
oath, duly signed by them, in the same proceeding for LS if
they should reconcile
Effects of Reconciliation
a) If the reconciliation occured while the proceedingfor LS is
pending, the court shall immediately issue an order
terminating the proceeding
b) If the reconciliation occured after the rendition of the
judgment granting the petition for LS but before the
issuance of the decree of LS, the spouses shall express in
their manifestation whether or nor they agree to revive the
former regime of their property relations.
 The court shall immediately issue a Decree of
Reconcilation declaring that the legal separation proceeding is
set aside and specifying the revival of their previous property
regime, if any
c) If the spouses reconcile after the issuance of the decree of LS,
the court, upon proper motion, shall issue a decree of
reconciliation declaring therein that the decree of LS is set aside
but the separation of property and any forfeiture of the share of
the guilty spouse already effected subsists, unless the spouses
have agreed to revive their former regime of property relations.
NOTE: If, after the decree of LS, the parties simply reconcile
and resume their marital relations previous to the decree but
without obtaining a decree of reconcilation from the same court
which issued the decree of LS, their de facto reconciliation does
not have the effect of setting aside the decree of legal separation.
Consequences of setting aside the decree of legal separation:
i. The spouses shall be entitled to joint custody of their
children
ii. The offending spouse shall again be entitled to inherit from
the innocent spouse by way of intestate succession
iii. The provisions in the will of the innocent spouse favoring
the offending spouse shall be revived automatically, as if the
same had not been revoked
iv. Any revocation of donations in favor of the offending NOTE: The Family Code prevails since it is a substantive law
spouse, or revocation of the designation of the offending Moreover, it is submitted that they may not adopt either absolute
spouse as beneficiary in the innocent spouse’s insurance community or conjugal partnership of gains as their new
policy, already effected, shall likewise be set aside, as if the property regime since these two property regimes can conly
same has not been revoked. commence AT THE PRECISE MOMENT THAT THE
v. However, the separation of property and any forfeiture of MARRIAGE IS CELEBRATED and any stipulation, express or
the share of the guilty spouse in the net profits already implied, for the commencement of these regimes at any other
effected shall subsist, unless the spouses agree to revive time shall be void.
their former property regime.
Revival of the Former Property Regime
 Upon finality of the decree of LS, there shall be a
liquidation of the absolute community or conjugal
partnership and the spouses shall thereafter be governed by
a regime of complete separation of property
 Once the spouses reconcile and the court issues a decree of TITLE III
reconciliation, their former property regime is not
automatically revived. RIGHTS AND OBLIGATIONS
 The spouses must execute an agreement to revive BETWEEN HUSBAND AND WIFE
the former property regime, which agreement shall be submitted
in court, together with a verified motion for its approval
NOTE: The parties may restore to the former property regime ARTICLE 68
even the share of the offending spouse in the net profits which
 The marriage relationship creates certain personal rights and
has been forfeited in favor of the innocent spouse.
duties as between husband and wife
 These rights and obligations ordinarily continue as long as
Adoption of New Property Regime
the marriage endures but they usually terminate on the death
 The Rule on Legal Separation (A.M. No. 02-11-11-SC)
of either of the spouses
appears to allow the spouses to adopt a regime of property
 One spouse by virtue of marriage relation has the right to:
relations DIFFERENT from that which they had prior to the
a) Society
filing of the LS.
b) Companionship
 This rule does not find any support under the Family Code
c) Services
since the latter speaks only of “revival “ of the former
d) Love
property regimeof the spouses in case reconciliation and not
e) Affection
adoption of an altogether different property regime.
f) Respect
 g) Fidelity
h) Help
i) Support of the other
Cohabitation
 The obligation to live together
 This is a basic ground rule in marriage
 It is a public assumption that a man and a woman of the
marital union, and dwelling together as husband and wife,
thereby holding themselves out to public as such.
NOTE: While the spouses are obliged to live together, the court
is powerless to enforce such obligation.
Chi Ming Tsoi v. CA: The sanction therefor is actually the
“spontaneous mutual affection between husband and wife and
not any legal mandate or court order “
 While the courts cannot force one of the spouses to cohabit
with the other, the law however provides for other remedies
and sanctions such as:
1. If a spouse without just cause abandons the other,
the aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
administrator of the absolute community or of the conjugal
partnership property
2. Upon a judicial declaration of abandonment of his
or her children, the parent concerned may likewise be deprived
of parental authority.
Sexual Relations
 The right ti demand sexual intimacy from the other spouse
 One of the essential marital obligations under the FC is to
“procreate children based on the universal principle that
procreation of children through sexual cooperation is the
basic end of marriage “
 Constant non-fulfillment of this obligation will finally
destroy the integrity or wholeness of the marriage.
 The senseless and protracted refusal of one of the parties to
fulfill this marital obligation is equivalent to pyschological
incapacity.
 While the husband has the right to insist on sexual relations
with the wife, there is a view that he can do so only if he has
the right of consortium with his wife arising from connubial
relations.
 If they are legally separated, although the marital
bonds are not severed and in law they remain as husband and
wife, the husband no longer has the right of consortium and if he
forces his wife to submit to him, he could be liable for rape.
NOTE: The Family Code indeed obligates the spouses to love
one another but this rule sanctions affection and sexual intimacy,
as expressions of love, that re both spontaneous and mutual and
not the kind which is unilaterally exacted by force or coercion.
NOTE: Sexual intercourse, if not consensual is rape.
RA 8353 or the Anti Rape Law of 1997 defined rape as:
a) Rape as traditionally known
b) Sexual assault
c) Marital rape or that where the victim is the perpetrator’s
own spouse.
Mutual Love, Respect and Fidelity
 The obligation to observe mutual love, respect and fidelity
between the spouses cannot be compelled, elicited or
imposed by court action.
 Nevertheless, the court provides for sanctions for non-
observance of fidelity
 Example: Bigamy or concubinage under RPC; Sexual
infidelity as ground for LS
Mutual Help and Support c) The separate properties of the spouses
 Such obligation to support one’s spouse attaches at the
inception of the marriage and ordinarily continues as long as  Includes necessaries such as food, drink, clothing, washing,
the relationship of husband and wife exists. medical attention, a suitable place of residence, suitable
 Once marriage is terminated, obligation to give support furniture etc.
ceases.  For an article to constitute a family expense, it is essential
that it be not only purchased for, but also that it be used, or
ARTICLE 69 be kept for use, in or by the family or be beneficial thereto.
 An expense for the family is one which is incurred for an
Fixing the Family Domicile
item which contributes to the family’s welfare and tends to
 The right and obligation of both the husband and the wife
maintain its integrity.
 The husband and the wife shall jointly fix the family
domicile and , in case of disagreement, niether spouse may
impose his or her will upon the either.
Management of Household
 Should the spouses fail to agree on the choice of domicile, it
 Under the civil code, it is the wife who manages the affairs
is the court which should decide on such matter.
of the household.
 The court may also exempt one spouse from living with the
 But the family code now provides that the management of
other if the latter should live abroad or there are other valid and
household is the right and duty of both the husband and the
compelling reasons for the exemption.
wife
 However, in the event that one spouse refuses to live with
 The expenses to bbe incurred for the management of
the other in the family dwelling, as fixed by either the spouses or
household are likewise chargeable to the three above in the
by the court, the court is powerless to enforce the provisions of
order mentioned.
Article 69 of the FC, even if such refusal is not justifiable.
 The spouse who refuses to live with the other is not however
entitled to a separate maintenance or support. ARTICLE 72
Relief available to Spouses
ARTICLE 70 & ARTICLE 71 a) When a spouse leaves a conjugal dwelling
 Under Article 198 of the FC, a spouse will be justified
Family Expenses
in cutting the other’s support if he/she refuses to live
Family Expenses are chargeable to the folowing in the order
with him/her without just cause and in the absence of
mentioned:
some moral or legal obstacle.
a) The community or conjugal partnership property
 If one of the spouses has left the conjugal dwelling
b) The income or fruits of the separate properties of the
without the intention of returning, in which case he or
spouses
she is deemed to have abandoned the family, the
 aggrieved spouse may petition the court for
receuvership, for judicial separation of property, or for ARTICLE 73
authority to be the sole administrator for the absolute
Exercise of Profession, Business or Activity
community.
 In the absence of any valid, serious and moral grounds, a
 If abandonment lasts for more than one year, the
spouse may not lawfully forbid the other from engaging in
aggrieved spouse may likewise petition for legal
any legitimate profession, business or occupation.
separation.
 If for example the husband forbids the wife from engaging
in a legitimate profession, he may be held liable for
b) When a spouse commits acts of sexual infidelity
violation of RA 9262
 Petition for legal separation
 Prosecute spouse criminally for adultery or
When the other spouse objects to the profession, occupation,
concubinage
business or activity of his or her spouse and the following
 When a philandering husband squanders properties
conditions are satisfied: 1.) the objection is found to be proper
to satisfy his vices, the aggrieved spouse may petition for
by the courts; 2.) benefit has accrued to the family out of such
injunction to stop his further disposition of property aside from
profession, occupation, business or activity, the resulting
seeking sole administration of the conjugal or community
obligation shall be chargeable either to the absolute community/
property.
conjugal partnership or the separate property of the spouse who
 May also petition for judicial separation of property
did not obtain consent of the other depending on when benefit
in view of the fact that the other spouse has faled to comply with
has accrued:
his obligations to the family.
I. If benefit accrued PRIOR to the objection, the resulting
obligation is chargeable to the absolute community or
c) When a spouse sells the conjugal or community property
the conjugal partnership. (RA 10572)
without the other’s consent
II. If benefit accrued AFTER the objection, such obligation
 When one spouse commits fraud, the aggrieved
shall be enforced against the separate property of the
spouse may seek an injunction to stop further disposition of
spouse who has not obtained consent. (This is an
property without the other’s consent…
exception to the general rule that the absolute
 If the transaction is already consummated, file
community or conjugal partnership of gains is liable for
petition for declaration of nullity of such disposition or
obligations which have redounded to the benefit of the
encumbrance.
family)
d) When the husband commits violation of RA 9262
 Protection orders
 Criminal action against the husband ARTICLES 74-146 (WRITTEN NOTES)
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (ARTICLES 147 &
148)
In General  In a void marriage, regardless of the cause thereof, the property relations of the parties during
the period of cohabitation is governed by the provisions of ARTICLE 147 & ARTICLE 148
of the Family Code.
 Even in marriages delcared void ab initio due to Psychological incapacity under Article 36, the
applicable property regime is not Absolute Community or Conjugal Partnership since these two
are applicable only to marriages which are valid or at least voidable.
 Valdez v. RTC: The Court ruled in Dino that the property relations of parties in a void marriage
during the period of cohabitation are governed by either Article 147 or 148 of the Family Code.
Therefore, in the liquidation of the properties of the spouses, the provisions on co-ownership
under the Civil Code should apply and such liquidation need not be made in the same
proceeding for declaration of nullity of marriage.
Property Regime under Property Regime Under Property Regime of Void
Article 147 Article 148 Marriages under Article 40
Applicability  Applies when a man and a  Applies to the following  A conjugal partnership or
woman suffering no legal cases: absolute community may
impediment to marry each 1. When a man and a woman exceptionally exist in a
other, so exclusively live who are not capacitated to void marriage under
together as husband and marry each other live Article 40 of the FC.
wife under a void marriage exclusively with each other  Dino v Dino: In both
or without the benefit of as husband and wife instances under Articles 40
marriage. without the benefit of and 45, the marriages are
 For Article 147 to operate marriage or under a void governed either by
the man and the woman: marriage absolute community of
1. Must be capacitated to 2. When parties do not live property or conjugal
marry each other exlusively with each other partnership of gains unless
2. Live exclusively with each as husband and wife the parties agree to a
other as husband and wife although capacitated to complete separation of
3. Their union is without the marry each other. property in a marriage
benefit of marriage or their  Article 148 refers to the settlement entered into
marriage is void property regime of before the marriage. (this
 The term ‘capacitated ‘ bigamous marriages, has its basis Article 50 of
refers to legal capacity adulterous relationships, the FC)
(Article 5) relationships in a state of  Article 40- contemplates a
 As such, Article 147 concubinage, relationships situation where a
applies to unions of parties where both man and subsequent marriage was
who are legally capacitated woman are married to contracted but without
and not barred by any other persons, multiple securing a judicial
impediment to contract alliances of the same declaration of nullity of the
marriage, but whose married man. prior void marriage.
marriage is nonetheless  This provision also applies  Article 45- Voidable
void for other reasons like although the adulterous marriage
the absence of a marriage cohabitation of the parties  The rules applicable to
license or psychological commenced before the valid and voidable
incapacity. effectivity of the Family marriages also apply to a
 In the following instances, Code on August 3, 1988 void marriage under
Article 147 does not apply: because this provision was Article 40 but only for the
a. When minors live intended precisely to fill up purpose of determining the
exclusively as husband and the hiatus in Art. 144 of the applicable property regime.
wife without the benefit of Civil Code.
marriage since they are not  Prior to effectivity of
capacitated to marry each Family Code, no provision
other; of law provides for the
b. In a void marriage between property regime of
first cousins since there is aduleterous marriages…
an impediment to marry as hence, even if cohabitation
provided in Article 38 of or the acquisition of the
the Code. property occured beore the
**In both these situations, FC took effect, Art 148
Article 148 should apply governs.
NOTE: Article 147 does not
apply to cases of multiple
alliances, even if in relation to
each union the parties are
 capacitated to marry each
other.
Article 147 does not apply to a
cohabitation of parties from the
same sex or to a same-sex
marriage (what will apply are
the applicable provisions on co-
ownership of the Civil Code)
Distribution of Properties  Properties acquired by both  Only the properties
parties during their union acquired by both of the
through their work and parties through their actual
industry shall be governed joint contribution of
by the rules on equal co- money, property and
ownership and are prima industry shall be owned by
facie presumed to have them in common in
been obtained through their proportion to their
joint efforts. respective contributions.
 Creates a presumption that  Hence, mere cohabitation
properties acquired during without proof of
the cohabitation of the contribution will not result
parties have been acquired in a co-ownership
through their joint efforts,  For presumption of equal
work or industry and shall shares to arise, proof of
be owned by them in equal actual contribution is
shares. required
 Furthermore, a party who  The fact that the
did not participate in the controverted property was
acquisition by the other titled in the name of the
party of any property shall parties to an adulterous
be deemed to have relationship is not
contributed jointly in the sufficient proof of co-
acquisition thereof if the ownership absent evidence
former’s efforts consisted of actual contribution in

Prohibition Against Alienation
of Share
in the care and
maintenance of the family
and of the household.
 Efforts in the care and
maintenance of the family
and household are regarded
as contributions to the
acquisition of common
property by one who has
no salary or income or
work or industry.
 As to wages and salaries
earned by either party
during the cohabitation, the
same shall be owned by the
parties in equal shares and
will be divided equally
between them, even if only
one party earned the wages
and the other did not
contribute thereto.
 In the co-ownership under
Article 147, niether party
can encumber or dispose
by acts inter vivos of his or
her share in the property
acquired during
cohabitation and owned in
common, without the
the acquisition of the
property.
 Registration in the Torrens
title system merely
confirms and does not vest
title
 The words “married to “
preceding the name of a
spouse are merely
descriptive of the civil
status of the registered
owner and such words do
not prove co-ownership
under ART 148.
 As to the wages and
salaries earned by each
party, the same shall
belong to him or her
exclusively.
 The share of any party who
is married to another shall
accrue to the absolute
community or conjugal
partnership as the case may
be.
N/A
 consent of the other, until
after the termination of the
cohabitation
 Any disposition or
encumbrance in violation
of this mandatory
provision is deemed void
 Hence, either party may
validly dispose of his or
her share in the co-
ownership only in the
following instances:
1. If the disposition is by acts
mortis causa
2. In case of disposition by
acts inter vivos, if the same
is with the consent of the
co-owner
3. Even without consent of
the other co-owner, if the
disposition is made after
the termination of their
cohabitation
CASE: MBTC v. Pascual (pp.
709-710)