When Applicable

ACP (Absolute Community CPG (Conjugal Partner of CSP (Complete Sep of

Property) Gains) Prop)
When Spouses Adopt ACP Spouses adopt CPG in Spouses adopted CSP in
in their Marriage their MS their MS
Settlement
The property regime Spouses were married Prior marriage is dissolved
adopted is different from under the NCC and no MS by death of one spouse
ACP in the MS and the was executed or there is and the surviving spouse
same is void. one but void. did not comply w/ Art. 103
(judicial settlement of
estate of the deceased
spouse)
Did not execute MS. ACP or CPG is dissolved
by decree of legal sep.
By judicial order in action
of judicial separation of the
property of the spouses
(voluntary or for a cause)
It Shall commence:
ACP (Absolute Community Property) CPG (Conjugal Partner of Gains)
At the Precise moment that marriage is celebrated.
Any Stipulation (express or implied to the contrary shall be void)
No waiver or rights, Interest, Shares, and Effects in the ACP or CPG during marriage
XPN: in case of Judicial Sep of Properties
Waiver upon Judicial Separation or after marriage is dissolved or annulled should
appear in a public instrument and recorded in the civil registry where marriage
contract is recorded and in the proper registry of property.
COMPOSITION
ACP CPG
All the Properties owned by spouses at All the properties acquired by either spouse
the time of the marriage through their efforts or by chance during
the marriage are presumed conjugal
All properties acquired during the Proceeds, products, fruits, and income from
marriage (presumed to be ACP) the separate properties of each spouse (Art.
106)
Exp those excluded under Art. 92 or Except those are excluded in Art. 109
otherwise provided in the marriage a. That which is brought to the marriage as
settlement. his or her own.
a. Property acquired by gratuitous title b. That which each acquires during the
by other spouses and the fruits as marriage by gratuitous title.
well as the income thereof. c. That which acquired by right of
b. Property for personal or exclusive use redemption, by barter exchange with
if either spouse. XPN: Jewelry. property belonging to only one of the
c. Property acquired before the marriage spouses
by either spouse with legitimate d. That which is purchased with exclusive
 descendants by a former marriage+ money of the wife or of the husband.
fruits and income thereon.
Provisions on co-ownership applies Provisions on partnership applies
suppletory. suppletory.
LIMITATION UNDER ART. 84
If the Regime agreed upon in the marriage settlement is not ACP- Spouses cannot
donate to each other more than 1/5 of their present property.
Why the Prohibition? No spouse should be allowed to take advantage of the Other.
Why no Prohibition applies if property regime is ACP? Because in ACP, the spouses
are co-owners of all the properties owned by them at the time of the marriage.
May the parties agree to exclude from the Community Property all properties owned by
them prior to the marriage? Yes, because Art. 91 allows it when there is a MS.
What happens to the Fruits and Income From the excluded Prop? They can also agree
to exclude it from the community property. But there is no specific condition in the MS
regarding the Fruits and Income of Excluded Prop. (They are part of the community
property because they do not fall under the Exclusive properties falling under Art. 92)
Unlike CPG, no issue to resolve. Art. 106 provides fruits and income from separate
property of the spouses’ forms part of Conjugal property.
WHAT IF A SEPARATE PROPERTY OF THE SPOUSES IS SOLD OR EXCHANGED FOR
ANOTHER PROPERT, WHAT IS THE NATURE OF THE PROCEEDS OF THE SALE OR
THE PROPERTY SO ACQUIRED? SCENE 1. If the property was excluded by virtue of
the marriage settle, in the absence of any agreement, proceeds of sale or property
acquired in its place is community property. Because it will be considered property
acquired during the marriage. The separate nature of the property was by agreement
and not so provided by law (Art. 92)
Scene 2. If the property sold or exchanged for another property is excluded by Virtue of
Art. 92, According to Senator Tolentino, “The mere alienation of separate property of a
spouse does not convert the price or the property acquired thereby into community
property.” The policy of the law to stamp the separate character of the property
extends to the property that substitutes it.
EX. SCENE 1. Lot 123 was donated by the parent of the Husband prior to his marriage
to wife. Lot 123 should form part of the Community of Property as per Art.91, but in the
MS of H and W agreed to be governed by ACP but properties owned by the spouse
prior to marriage shall pertain to each of them exclusively. When H sold Lot 123 during
the marriage. The proceeds of the sale shall form part of the community property
because the exclusivity of the property was by virtue of the agreement of the parties.
The proceeds of the sale converted the property into one acquired during the marriage,
hence, forming part of the community property.
EX. SCENE 2. Lot 123 was donated by the parent of the Husband prior to his marriage
to wife. Lot 123 is exclusive property of husband as per Art. 92 because it was acquired
by gratuitous title during the marriage and no stipulation was provided that it shall form
part of the community property. Husband sold LOT 123 during marriage. The proceeds
of the sale shall remain exclusive property of Husband because the exclusivity of the
property was by virtue of the law. Alienation of the lot did not convert the exclusive
nature thereof.
Charges and Obligation if the ACP (94) or CPG (121)
1. The Support of the Spouses, their common child and legitimate child of either
spouse.
2. However, the support of illegitimated children shall be charge to the exclusive
property of the illegitimate parent spouse.
3. All Debts and Obligations contracted during the marriage
a. By the designated administrator-spouse for the benefit of the community
b. By both spouses
c. By one spouse with the consent of the other
d. By one spouse without the consent to the extent that it redounded to the
benefit of the family.
4. Debts Contracted by either spouse prior to the marriage to the extent that it
redounded to the benefit of the family
5. Burden of proof is on the creditor; failure to prove-exclusive property of debtor
spouse for the debt.
6. All Taxes, Licenses, charges and expenses, including major or minor repairs, upon
the community property;
7. Expenses for Education or Self Improvement of either spouse of their common
legitimate children.;
8. Expenses of Litigation bet spouses, except is suit is found to be groundless.
ADMINSTRATION OF THE ACP (96) and CPG (124)
1. Joint administration of Husband and Wife.
2. In case of disagreement: Husband’s Decision Prevails but wife may go to court for
relief (summary proceedings) within 5 years from the date of Contract.
3. In case on spouse is incapacitated, other spouse may assume sole powers of
Administration.
4. Power of Administration Does not include the power to dispose or to encumber.
Except: a. If with Authority of the Court
b. If with written consent of the other spouse
5. No Authority or consent-VOID
6. However, the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the 3rd person, and may be perfected as a binding contract
upon the acceptance by other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.
Game of Chance or Gambling ACP (Art 95) and CPG (Art. 123)
1. Whether permitted or prohibited by law, loss borne by the loser and shall not be
charged to the ACP/ CPG.
2. Winning shall form part of the ACP/ CPG
ACP (Art. 98) and CPG (Art. 125)
1. Prohibition to donate community property (Conjugal Property) w/out consent of the
other
2. Moderate Gift for Charity, Family Rejoicing or Family Distress Allowed.
DISSOLUTION OF ACP (99) and CPG (125)
1. Upon the death of either spouse;
2. When there is a decree of legal separation
3. When the marriage is annulled or declared void; or
4. In case of Judicial Separation of property during the Marriage under 134 to 138
Separation in Fact between husband-and-wife ACP (100) and CPG (127)
 1. Does not affect the ACP and CPG
2. Spouse who leaves conjugal dwelling without just cause- no right to be supported
3. Consent of Spouse to any transaction- obtained but judicial authorization (summary
proceedings)
4. ACP or CPG liable for support of the family; if deficient separate property of spouses
solidarily liable
5. Present spouse may petition (summary proceedings) for judicial authority to
administer or encumber separate property of other spouse to satisfy latter’s share.
RECOURSE OF AGGRIEVED SPOUSE WHEN THE OTHE ABANDONS OR FAILS TO
COMPLY WITH OBLIGATION WITHOUT JUST CAUSE ARTICLE 101/ARTICLE 128
1. PETITION FOR RECEIVERSHIP
2. FOR JUDICIAL SEPARATION OF PROPERTY, OR
3. FOR AUTHORITY TO BE THE SOLE ADMINISTRATOR OF THE ABSOLUTE
COMMUNITY/CONJUGAL PARTNERSHIP PROPERTY, SUBJECT TO SUCH
PRECAUTIONARY CONDITIONS AS THE COURT MAY IMPOSE.
 A SPOUSE IS DEEMED TO HAVE ABANDONED THE OTHER WHEN HE OR SHE HAS
LEFT THE CONJUGAL DWELLING WITHOUT INTENTION OF RETURNING. THE
SPOUSE WHO HAS LEFT THE CONJUGAL DWELLING FOR A PERIOD OF THREE
MONTHS OR HAS FAILED WITHIN THE SAME PERIOD TO GIVE ANY INFORMATION AS
TO HIS OR HER WHEREABOUTS SHAL BE PRIMA FACIE PRESUMED TO HAVE NO
INTENTION OF RETURNING TO THE CONJUGAL DWELLING.
LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS AND LIABILITIES ARTICLE
102/129
(1) INVENTORY - USTING OF ACP/CPG PROPERTIES AND THE EXCLUSIVE
PROPERTIES OF EACH SPOUSE.
(2) AMOUNTS ADVANCED BY THE ACP/CPG IN PAYMENT OF PERSONAL
OBLIGATIONs OF EITHER SPOUSE CREDITED TO THE ACP/CPG.
(3) EACH SPOUSE SHALL BE REIMBURSED FOR THE USE OF HIS OR HER
EXCLUSIVE FUNDS IN THE ACOUISITION OF PROPERTY OR FOR THE VALUE OF HIS
OR HER EXCLUSIVE PROPERTY, THE OWNERSHIP OF WHICH HAS BEEN VESTED BY
LAW IN THE CONJUGAL PARTNERSHIP
(4) THE DEBTS AND OBLIGATIONS OF THE CONJUGAL PARTNERSHIP SHALL BE
PAID OUT OF THE CONJUGAL ASSETS. IN CASE OF INSUFFICIENCY OF SAID
ASSETS, THE SPOUSES SHALL BE SOLIDARILY UABLE FOR THE UNPAID BALANCE
WITH THEIR SEPARATE PROPERTIES, IN ACCORDANCE WITH THE PROVISIONS OF
PARAGRAPH 2 OF ARTICLE 121.
(5) WHATEVER REMAINS OF THE EXCLUSIVE PROPERTIES OF THE SPOUSES SHALL
THEREAFTER BE DELIVERED TO EACH OF THEM.
(6) UNLESS THE OWNER HAD BEEN INDEMNIFIED FROM WHATEVER SPURCE, THE
LOSS OR DETERIORATION OF MOVABLES USED FOR THE BENEFIT OF THE FAMILY,
BEONGING TO ETHER SPOUSE, EVEN DUE TO FORTUITOUS EVENT, SHALL BE PAID
TO SAID SPOUSE FROM THE CONJUGAL FUNDS, IF ANY.
(7) THE NET REMAINDER OF THE CONJUGAL PARTNERSHIP PROPERTIES SHALL
CONSTITUTE THE PROFITS, WHICH SHAL BE DIVIDED EQUALLY BETWEEN
HUSBAND AND WIFE, 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 PROVDED IN THIS CODE
(8) THE PRESUMPTIVE LEGITIMES OF THE COMMON CHILDREN SHALL BE
DELIVERED UPON THE PARTITION IN ACCORDANCE WITH ARTICLE 51.
(9) IN THE PARTITION OF THE PROPERTIES, THE CONJUGAL DWELLING AND THE
LOT ON WHICH IT 1S SITUATED SHALL, UNLESS OTHERWISE AGREED UPON BY THE
PARTIES, BE ADJUDICATED TO THE SPOUSE WITH WHOM THE MAJORITY OF THE
COMMON CHILDREN CHOOSE TO REMAIN. CHILDREN BELOW THE AGE OF SEVEN
YEARS ARE DEEMED TO HAVE CHOSEN THE MOTHER, UNLESS THE COURT HAS
DECIDED OTHERWISE IN CASE THERE IS NO SUCH MAJORITY, THE COURT SHALL
DECIDE, TAKING INTO CONSIDERATION THE BEST INTERESTS OF SAID CHILDREN.
TERMINATION OF MARRIAGE BY DEATH ARTICLE 103/ ARTICLE 130
1. THE ACP/CPG SHALL BE LIQUIDATED IN THE SAME PROCEEDING FOR THE
SETTLEMENT OF THE ESTATE OF THE DECEASED.
2. IF NO JUDICIAL SETTLEMENT PROCEEDING IS INSTITUTED, THE SURVIVING
SPOUSE SHALL LIQUIDATE THE CONJUGAL PARTNERSHIP PROPERTY EITHER
JUDICIALLY OR EXTRA-JUDICIALLY WITHIN SIX MONTHS FROM THE DEATH OF
THE DECEASED SPOUST. IF UPON THE LAPSE OF THE SIX-MONTH PERIOD NO
LIQUIDATION IS MADE, ANY DISPOSITION OR ENCUMBRANCE INOLVING THE
CONJUGAL PARINERSHIP PROPERTY OF THE TERMNATED MARRIAGE SHALL BE
VOID.
3. SHOULD THE SURVIVING SPOUSE CONTRACT A SUBSECUENT MARRIAGE
WITHOUT COMPLIANCE WITH THE FOREGOING REQUIREMENTS, A MANDATORY
REGIME OF COMPLETE SEPARATION OF PROPERTY SHALL GOVERN THE
PROPERTY RELATIONS OF THE SUBSEQUENT MARRIAGE.
PROVISIONS SPECIFIC TO CPG
Art. 116. All property acquired during the marriage, whether the acquisition appears to
have been made, contracted or registered in the name of one or both spouses, is
presumed to be conjugal unless the contrary is proved.
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the common
fund, whether the acquisition be for the partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the
common property, 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 to the finder
or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number
of each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse.
Art. 118. Property bought on installments paid partly from exclusive funds of either or
both spouses and partly from conjugal funds belongs to:
1. the buyer or buyers if full ownership was vested before the marriage
2. to the conjugal partnership if such ownership was vested during the marriage.
Owner or owners to reimburse the partnership or either of the spouse for any amount
advanced upon liquidation of the Partnership.
Art. 119. Whenever an amount or credit payable within a period of time belongs to one
of the spouses, the sums which may be collected during the marriage in partial
payments or by installments on the principal shall be the exclusive property of the
spouse. However, interests falling due during the marriage on the principal shall belong
to the conjugal partnership.
Art. 120. The cost of the improvement advanced by the CPG > value of the property at
the time of improvement the entire property shall belong to the CPG subject for
reimbursement of the value of the property to owner spouse at the time of the
improvement
Cost of improvement advanced by the CPG < value of the property at the time of
improvement- property shall retained by owner spouse subject to reimbursement of the
cost of the improvement to CPG. In either case, the ownership of the entire property
shall be vested upon the reimbursement, which shall be made at the time of the
liquidation of the conjugal partnership.
Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar
benefits
 Governed by the rules on gratuitous or onerous acquisitions
 Whether it shall form part of the CPG DEPENDS on the manner of its acquisition.
 If Obtained out of pure liberality of the grantor- exclusive (Art. 109, Par. 2)
 If an accumulation or deductions from money earned during the marriage or from
salaries or either spouse- Part of CPG- Art. 117 (2)
Art. 116. PRESUMPTION IN FAVOUR OF CPG
All property acquired during the marriage, even if contracted or registered in favor of
only one spouse- presumed conjugal, unless the contrary is proved.
PRESUMPTION OPERATES ONLY WHEN THERE IS PROOF THAT PROPERTY WAS
ACQUIRED DURING THE MARRIAGE (CONDITION SINE QUA NON)
COMPLETE SEPARATION OF PROPERTY WHEN APPLICABLE
1.SPOUSES ADOPTED CSP IN THEIR MS
2. ACP OR CPG IS DISSOLVED BY DECREE OF LEGAL SEPARATION
3. PRIOR MARRIAGE IS DISSOLVED BY DEATH OF ONE SPOUSE AND SURVIVING
SPOUSE DID NOT COMPLY WITH ART. 103 (JUDICIAL S MENT OF ESTATE OF THE
DECEASED SPOUSE)
4. BY JUDICIAL ORDER IN ACTION FOR JUDICIAL SEPARATION OF THE PROPERTY
OF THE SPOUSES (VOLUNTARY OR FOR A CAUSE)

SUFFICIENT CAUSE FOR JUDICIAL SEPARATION OF PROPERTY ARTICLE 135.

1.CIVIL INTERDICTION; 2. JUDICIALLY DECLARED AN ABSENTEE; 3. LOSS OF
PARENTAL AUTHORITY THROUGH JUDICIAL DECLARATION; 4. ABANDONMENT OR
FAILURE TO COMPLY WITH OBLIGATION TO THE FAMILY; 5. ABUSE OF POWER OF
ADMINISTRATION GRANTED BY WAY OF MS; 6. SEPARATED FOR AT LEAST ONE
YEAR/RECONCILIATION IMPROBABLE FOR 1,2, 3-PRESENTATION OF FINAL
JUDGMENT SUFFICIENT TO GRANT PETITION

VOLUNTARY DISSOLUTION OF ACP OR CPG ARTICLE 136, 137, 138, 139

 A. JOINT FILING OF VERIFIED PETITION
B. ALL CREDITORS TO BE NOTIFIED
 OF THE CPG/ACP
 OR OF THE INDIVIDUAL SPOUSE PERSONALLY
C. ONCE GRANTED, ACP OR CPG SHALL BE LIQUIDATED
D. AFTER DISSOUTION, COMPLETE SEPARATION OF PROPERTY SHALL APPLY
E. PETITION AND FINAL JUDG MENT RECORDED PROPER LCR AND RD

FORMER PROPERTY REGIME PRIOR TO FILING PETITION FOR SEPARATION CF

PROPERY MA REVIVED WHEN THE JUST CAUSES ENUMERATED WHEN (Art. 141)
(1) CIVIL INTERDICTION TERMINATES; (2) ABSENTEE SPOUSE REAPPEARS; (3)
WHEN THE COURT, BEING SATISFIED THAT THE SPOUSE GRANTED THE POWER OF
ADMINISTRATION IN THE MARRIAGE SETTLEMENTS WILL NOT AGAIN ABUSE THAT
POWER, AUTHORIZES THE RESUMPTION OF SAID ADMINISTRATION; (4) SPOUSE
WHO HAS LEFT THE CONJUGAL HOME RESUMES COMMON UFE WITH THE OTHER;
(5) PARENTAL AUTHORITY IS JUDICIALLY RESTORED TO THE SPOUSE PREVIOUSLY
DEPRIVED THEREOF. (6) SPOUSES WHO SEPARATED IN FACT RECONCILE AND
RESUME COMMON LIFE; OR (7) WHEN AFTER VOLUNTARY DISSOLUTION OF THE
ABSOLUTE COMMUNITY CF PROPERTY OR CONJUGAL PARTNERSHIP HAS BEEN
JUDICIALLY DECREED UPON THE JOINT PETITION OF THE SPOUSES, THEY AGREE
TO THE REVIVAL OF THE FORMER PROPERTY REGIME NO VOLUNTARY
SEPARATION OF PROPERTY MAY THEREAFTER BE GRANTED.

TRANSFER OF ADMINISTRATION OF EXCLUSIVE PROPERTY VIA COURT ORDER (Art.

142) IF THE OWNER-SPOUSE IS UNDER GUARDIANSHIP; (2) IF OWNER-SPOUSE IS
JUDICIALLY DECLARED AN ABSENTEE; (3) IF OWNER-SPOUSE IS SENTENCED TO
PENALTY WHICH CARRIES CIVIL INTERDICTION AS ACCESSORY PENALTY (4) IF
OWNER-SPOUSE IS FUGITIVE FROM JUSTICE OR IS IN HIDING AS AN ACCUSED INA
CRIMINAL CASE

REGIME OF SEPARATION OF PROPERTY ARTICLES 143 TO 146

 EACH SPOUSE SHALL OWN, DISPOSE OF, POSSESS, ADMINISTER AND ENJOY HIS
SEPARATE PROPERTY, WITHOUT NEED OF CONSENT OF THE OTHER
 EARNINGs FROM HIs PROFESSION, BUSINESS OR INDUSTRY AND ALL FRUITS DUE
OR RECEIVED DURING MARRIAGE FROM SEPARATE PROPERTY ARE HIS
EXCLUSIVE PROPERTY
 FAMILY EXPENSES SHALL BE SHARED BY SPOUSE IN PROPORTION TO THEIR
INCOME
 IN CASE OF INSUFFICIENCY OR DEFAULT THEREOF, BASED ON CURRENT MARKET
VALUE OF SEPARATE PROPERTY
 LIABILITY TO CREDITORS FOR FAMILY EXPENSES- SOLIDARY

PROPERTY REGIMES OF UNION WITHOUT MARRIAGE

WHAT ARE THE REQUISITES FOR ARIICIE 147 TO APPLY?
THE MAN AND WOMAN: (1) MUST BE CAPACITATED TO MARRY EACH OTHER; (2)
LIVE EXCLUSIVELY WITH EACH OTHER AS HUSBAND AND WIFE; (3) THEIR UNION IS
WITHOUT BENEFIT OF MARRIAGE OR THEIR MARRIAGE IS VOID
 APPLICATION
 EMPHASIS IS PLACED ON LEGAĻ CAPACITY OF THE MAN AND WOMAN- CAPACITY
PERTAINING TO SEX, AGE AND NOT SUFFERING FROM LEGAL IMPEDIMENT TO
MARRY
EX. WHEN THE MAN AND THE WOMAN ARE FIRST COUSINS OR EITHER ÓR BOTH OF
THEM ARE LEGALLY MARRIED- SHALL NOT BE GOVERNED BY ART. 147
 ALSO, 147 WILL NOT APPLY WHEN THE MARRIAGE IS VOID FOR LACK OF LEGAL
CAPACITY OF THE CONTRACTING PARTIES
EX. OF VOID MARRIAGES COVERED BY ART. 147 - A VOID MARRIAGE DUE TO LACK
OF MARRIAGE LICENSE; LACK OF AUTHORITY OF SOLEMNIZING OFFICER; LACK OF
MARRIAGE CEREMONY; DUE TO PSYCHOLOGICAL INCAPACITY

ARTICLE 147 IN THE ABSENCE OF PROOF TO THE CONTRARY, PROPERTIES

ACQUIRED WHILE THEY LIVED TOGETHER SHALL BE PRESUMED TO HAVE BEEN
OBTAINED BY THEIR JOINT EFFORTS, WORK OR INDUSTRY, AND SHALL BE OWNED
BY THEM IN EQUAL SHARES.
FOR PURPOSES OF THIS ARTICLE, A PARTY WHO DID NOT PARTICIPATE IN THE
ACQUISITION BY THE OTHER PARTY OF ANY PROPERTY SHALL BE DEEMED TO
HAVE CONTRIBUTED JOINTLY IN THE ACQUISITION THEREOF IF THE FORMER'S
EFFORTS CONSISTED IN THE CARE AND MAINTENANCE OF THE FAMILY AND OF
THE HOUSEHOLD.

PROPERTY REGIME UNDER ARTICLE 148

1.COHABITATION NOT FALLING UNDER ARTICLE 147
EXAMPLE BIGAMOUS MARRIAGE, ADULTEROUS RELATIONSHIPS, MARRIAGES
THAT ARE VOID UNDER ARTICLE 37(INCESTUOUS) AND 38 (VOID BY REASON OF
PÚBLIC POLICY).
2. ONLY THE PROPERTIES ACQUIRED BY BOTH OF THE PARTIES THROUGH THEIR
ACTUAL JOINT CONTRIBUTION COF MONEY, PROPERTY, OR INDUSTRY SHALL BE
OWNED BY THEM IN COMMON IN PROPORTION TO THEIR RESPECTIVE
CONTRIBUTIONS. IN THE ABSENCE OF PROOF TO THE CONTRARY, THEIR
CONTRIBUTIONS AND CORRESPONDING SHARES ARE PRESUMED TO BE EQUAL.
3. THE SAME RULE AND PRESUMPTION SHALL APPLY TO JOINT DEPOSITs OF
MONEY AND EVIDENCES OF CREDIT.

IF ONE OF THE PARTIES IS VALIDLY MARRIED TO ANOTHER, HIS OR HER SHARE IN
THE CO-OWNERSHIP SHALL ACCRUE TO THE ABSOLUTE COMMUNITY OR
CONJUGAL PARTNERSHIP EXISTING IN SUCH VALID MARRIAGE.

PATERNITY- CIVIL STATUS OF A FATHER TO HIS CHILD

FILIATION- CIVIL STATUS OF A CHILD IN RELATION TO HIS PARENTS
TYPES OF FILIATION OF CHILDREN- 1. NATURE (blood relation); 2. Adoption; 3.
Artificial insemination (subsumed in natural filiation)
Adoption- Judicial act whereby the same rights obligations arising out of filiation of
blood are established for the adoptive parent and the adoptive child.
What are the requisites for a child conceived out of AI to be considered legitimate
children of the H&W? 1. H&W ratified/ authorized the insemination in a written
instrument a. signed by them; b. before the birth of a child; c. instrument recorded in
civil registry w/ Birth Cert of the Child.
Who are legitimate children?1.Conceived or born during the marriage of parents (Art
164); 2. C/ B before judgement of annulment attains finality (Art. 54); 3. C/ B before
judgement nullifying marriage under Art. 36 attains finality (Art. 54); 4. C/ B of
subsequent marriage under Art. 53 (Art. 54)
Who are legitimated children?1. Children born put of wedlock of parents who at the time
of the conception of the child were not disqualified by any impediment to marry. (Art.
177)
Is the use of a surrogate mother valid in the Phil? No, even if the sperm is that of the
husband for being contrary to law, morals and public policy. Consequence: The Child
will be considered illegitimate child of husband and the woman.
What are the grounds to impugn legitimacy of a child (art.166)? 1. Physical impossibility
for husband to have sexual intercourse w/ wife w/in first 120 of 300 days preceding birth
of child due to: a. Physical incapacity (sterility or impotence); b. H&W live separately; c.
serious illness; 2. Child could not have been child of H and was proved through
biological or other scientific reasons. Xpns: AI SR: a. Blood Testing; b. DNA Testing; 3.
In case of AI: Written authorization/ ratification obtained through: a. mistake; b. fraud; c.
violence; d. intimidation or undue influence.
May the mother’s declaration against legitimacy of her own child destroy the legitimate
filiation of a child w/ his father? No. Art. 167- Child considered legitimate although
mother may have declared against legitimacy or may have been sentence an adulteress.
WHY? Art. 164 states, a child conceived or born during valid marriage is presumed
legitimate. Who may impugn child legitimacy? Strictly personal to the husband WHY?
He is the one directly confronted w/ the scandal & ridicule w/c the infidelity of the wife
produces; He should be left w/ the decision to conceal or expose it. XPN: Art. 172 The
HEIRS may impugn only in the ff cases: 1. H dies before expiration of period to file
action; 2. H dies after filing and did not desist from the case; 3. If Child born after H
dies.
Sterility is not a ground to impugn legitimacy: re: It requires 1 spermatozoa to
impregnate the ovum.
Art. 168- Marriage terminated and the mother contracted another marriage w/in 300
days- presumptions: 1. Child born before 180 days after solemnization of sub marriage
and w/in 300 days after termination of former marriage- THE CHILD is considered
conceived of former marriage.; 2. Born after 180 days- THE CHILD conceived of
subsequent marriage.
What if the child is born 300 days ff the termination of previous marriage? Art. 169, He
who alleges legitimacy has burden of proving. NOTE: The woman does not contract
marriage. The child should be considered illegitimate of the mother.
When should action to impugn legitimacy of a child be brought? Art. 170.
1yr from knowledge of birth or its H or heirs reside in city/ municipality where
recording in civil registry birth took place or was recorded.
2yrs from knowledge of birth or its H or heirs do not reside in city/
recording in civil registry municipality where birth took place or was
recorded.
 3yrs from knowledge of birth or its H or heirs live abroad.
recording in civil registry
* If the birth of a child is concealed or unknown to H or heirs, period is counted from the
discovery of birth or registration, whichever is earlier.
Proofs of legitimate and illegitimate filiation? Art. 172. Primary: (1) Record of birth in
Civil register with Final judgement; (2) Admission of legal filiation in a public document;
(3) Private handwritten instrument signed by the parent herself. Secondary: (1) Open &
Continuous possession of legal child.; (2) Any other means allowed by Rules of Law
(DNA) * FOR SECONDARY, It should be brought during lifetime of parent concerned.
When may a child file an action to claim legitimacy? Art. 173 During his or her lifetime.
When the child dies, is this right passed on to his/ her heirs? Yes, provided the child
dies during minority or in a state of insanity. It should be file w/in 5 years from death of
child.
Rights of legitimate children (Art. 174): 1. To bear surname of father and mother; 2. To
receive support (parents, ascendants, and in proper cases from brothers and sisters); 3.
To be entitled to legitime and other successional rights.
May an illegitimate child use the surname of his father? Art. 176. Illegitimate children is
under parental authority of the mother and shall use the surname of the mother. But (as
amended by RA 9225) The use of the father’s surname if filiation is expressly
recognized through: 1. Birth Certificate; 2. Admission in Public document; 3. Admission
in private handwritten instrument made by father.
What is legitime of an illegitimate child? One half of the legitime of an illeg. child
LEGITIMATED CHILDREN: Who may be legitimated? Art. 177- 1. Only children
conceived and born outside wedlock who at time of conception were not disqualifies to
marry; 2. Were disqualified only because either or both of them were below 18 yrs old.
When does legitimation take place? Art. 178 Upon subsequent valid marriage between
the parents. If the marriage of parents later annulled, it would not affect legitimation.
Rights of Legitimated children: 1. Same as the rights of legitimate child; 2. The effects
of legitimation shall retroact to the time of the child’s birth (Art. 180); 3. The legitimation
of children who died before the celebration of the marriage of their parents shall benefit
their descendants. (Art. 181)
R.A. 8552” DOMESTIC ADOPTION ACT OF 1998. EFFECTIVE Aug. 22, 2002. RA 8043
“Inter Country Adoption Act of 1995. FC was not repealed, only provisions repugnant
and inconsistent. ADOPTION- process to make child possess rights accorded to a
legitimate child.
WHO CAN ADOPT- 1. Filipino citizens; 2. Aliens; 3. Guardians with respect to their ward.
Qualifications of a Filipino who may adopt- 1. Of legal age; 2. In possession of full civil
capacity and legal rights; 3. Possesses good moral character; 4. Has not been
convicted of any crime involving moral turpitude; 5. Emotionally and psychologically
capable of caring for children; 6. Who is in a position to support and care for his/her
children in keeping with the means of the family; and 7. GR: at least sixteen (16) years
older than the adoptee. XPN: a. Adopter is the biological parent of the adoptee; or b.
Adopter is the spouse of the adoptee's parent.
Qualifications of an Alien who may adopt- 1. Possesses same qualifications as those
enumerated for Filipino adopters; 2. His country has diplomatic relations with the
Philippines; 3. His government allows the adoptee to enter his country as his adopted
child; 4. He has been certified by his diplomatic or consular office or any appropriate
government agency that he has the legal capacity to adopt in their country; 5. Has been
living in the Philippines for at least 3 continuous years prior to the application for
adoption and maintains such residence until adoption decree has been entered.
XPN: 1. He is a former Filipino who seeks to adopt a relative within the 4th civil degree
of consanguinity or affinity; 2. He is married to a Filipino and seeks to adopt jointly with
his spouse a relative within the 4th degree of consanguinity or affinity; 3. He is married
to a Filipino and seeks to adopt the legitimate or illegitimate child of his Filipino spouse.
Rule on Joint Adoption of Spouses: G.R. Husband and wife shall adopt jointly XPN: One
spouse seeks to adopt the legitimate son or daughter of the other; b. One spouse seeks
to adopt his own illegitimate son or daughter, provided, that the other signifies his
consent; Spouses are legally separated.
Necessity of written consent for adoption under domestic adoption- a. Biological
parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child; b. Adoptee, if ten (10) years of age
or over; c. Illegitimate sons/daughters, ten (10) years of age or over, of the adopter if
living with said adopter and the latter's spouse, if any; d. Legitimate and adopted
sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any; e.
Spouse, if any, of the person adopting or to be adopted.
ADOPTEE- 1. Any person BELOW eighteen (18) years of age who has been
administratively or judicially declared available for adoption; 2. The legitimate
son/daughter of one spouse by the other spouse; 3. An illegitimate son/daughter by a
qualified adopter to improve his/her status to that of legitimacy; 4. A person of legal age
if, prior to the adoption, said person has been consistently considered and treated by
the adopter(s) as his/her own child since minority; 5. A child whose adoption has been
previously rescinded; or 6. A child whose biological or adoptive parent(s) has died:
Provided, that no proceedings shall be initiated within six (6) months from the time of
death of said parent(s) (Sec. 8, Art. 3, RA 8552).
Effects of Domestic Adoption- GR: Severance of all legalities between the biological
parents and the adoptee and the same shall then be vested on the adopters. Who may
file the action for rescission of domestic adoption- The adoptee has the sole right.
Grounds upon which an adoptee may seek judicial rescission of the adoption- When the
adopter has committed the following: 1. Sexual assault or violence committed against
the adoptee; 2. Attempt on the life of the adoptee; 3. Repeated physical and verbal
maltreatment by the adopter despite having undergone counseling; 4. Abandonment
and failure to comply with parental obligations
Grounds by which an adopter may disinherit adoptee- a. Groundless accusation against
the testator of a crime punishable by 6 years or more imprisonment; b. Found guilty of
attempt against the life of the testator, his/her spouse, descendant or ascendant; c.
Causes the testator to make changes or changes a testator’s will through violence,
intimidation, fraud or undue influence; d. Maltreatment of the testator by word or deed;
e. Conviction of a crime which carries a penalty of civil interdiction; f. Adultery or
concubinage with the testator’s wife; g. Refusal without justifiable cause to support the
parent or ascendant; h. Leads a dishonorable or disgraceful life.
Effects of rescission of the adoption under the Domestic Adoption Act of 1998- 1. If
adoptee is still a minor or is incapacitated – Restoration of: a. Parental authority of the
adoptee’s biological parents, if known; or b. Custody of the DSWD; 2. Reciprocal rights
and obligations of the adopters and adoptee to each other shall be extinguished; 3.
Court shall order the civil registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate; 4. Succession rights shall revert to
its status prior to adoption, but only as of the date of judgment of judicial rescission; 5.
Vested rights acquired prior to judicial rescission shall be respected.
VENUE- Petition for adoption shall be filed with Family Court of the province or city
where the prospective adoptive parents reside
Results of Trial Custody- 1. If unsatisfactory – the relationship shall be suspended by
the board and the foreign adoption agency shall arrange for the child’s voluntary care.
2. If satisfactory – the Board shall submit the written consent of the adoption to the
foreign adoption agency within 30 days after the request of the latter’s request.
THE FAMILY AS AN INSTITUTION- Being the foundation of the nation, it is a basic social
institution which public policy cherishes and protects. (FC, Art. 149)
Family relations include: 1. Between husband and wife; 2. Between parents and
children; 3. Among other ascendants and descendants; 4. Among brothers and sisters,
whether of the full or half-blood (FC, Art. 150)
Rules governing family relations Family relations are governed by law. No custom,
practice or agreement destructive of the family shall be recognized or given effect (FC,
Art. 149)
Requisites before a suit between members of the same family may prosper 1. Earnest
efforts toward a compromise have been made; 2. Such efforts failed; 3. The fact that
earnest efforts toward a compromise have been made but the same have failed appears
in the verified complaint or petition (FC, Art. 151).
The following cannot be compromised: 1. Civil status of persons; 2. Validity of a
marriage or legal separation; 3. Any ground for legal separation; 4. Future support; 5.
Jurisdiction of courts; and 6. Future legitime.
Constitution of Family Home (FH) The FH is deemed constituted on a house and lot
from the time it is occupied as a family residence, (FC Art. 153).
Guidelines in the constitution of the Family Home 1. FH is deemed constituted from the
time of actual occupation as a family residence; 2. Only 1 FH may be constituted; 3.
Must be owned by the person constituting it; 4. Must be permanent; 5. Same rule
applies to both valid and voidable marriages and even to common law spouses; (FC,
Arts. 147 and 148) 6. It continues despite death of one, both spouses, or an unmarried
head of the family for 10 years or as long as there is a minor beneficiary (FC, Art 159).
The heirs cannot partition the same unless the court finds compelling reasons therefor.
This rule shall apply regardless of whoever owns the property or constituted the FH
(FC, Art 159).
The FH must be part of the properties of the absolute community or the conjugal
partnership or the exclusive properties of either spouse, with the latter’s consent. It may
also be constituted by an unmarried head of a family on his or her own property (FC, Art
156).
NOTE: Property that is subject of a conditional sale on instalments where ownership is
reserved by the vendor to guarantee payment of the purchase price may be constituted
as a FH.
Beneficiaries of a Family Home (FC, Art. 154) 1. Husband and wife, or 2. Unmarried head
of the family, 3. Parents (may include parents-in-law), 4. Ascendants, 5. Descendants 6.
Brothers and sisters (legitimate or illegitimate) living in the FH and dependent on the
head of the family for support.
Requisites to be considered as beneficiary (FC, Art 156) 1. They must be among the
relationships enumerated in Art. 154 of the Family Code; 2. They live in the FH; and 3.
They are dependent for legal support upon the head of the family.
Exemption of Family Home from execution, forced sale or attachment- GR: FH is exempt
from execution, forced sale or attachment. From the time of its constitution and so long
as any of its beneficiaries resides therein, the FH continues to be such and is exempt
from execution, forced sale or attachment (FC, Art. 153). XPN: Under Art. 155 of the
Family Code: 1. Debts due to laborers, mechanics, architects, builders, material men
and others who rendered service or furnished materials for the constitution of the
building; 2. Non-payment of Taxes; 3. Debts incurred Prior to its constitution; 4. Debts
secured by Mortgages on the premises before or after such constitution.
Requisites in the sale, alienation, donation, assignment or encumbrance of the FH- The
following must give their written consent: 1. The person who constituted the FH; 2. The
spouse of the person who constituted the FH; 3. Majority of the beneficiaries of legal
age.
Limitations on Family Home 1. Each family can have only one FH. After one FH has
been constituted, no other FH can be established without first dissolving the existing
one. 2. FH can be constituted only on the dwelling place, and therefore in the locality
where the family has its domicile. 3. The value of the FH must not exceed the limit fixed
by law.
Characteristics of support- 1. Personal; 2. Reciprocal on the part of those who are by
law bound to support each other; 3. Intransmissible; 4. Mandatory; 5. Provisional
character of support judgment; 6. Exempt from attachment or execution; and 7. Not
subject to waiver or compensation
COMPOSITION OF SUPPORT - a. Sustenance; b. Dwelling; c. Clothing; d. Medical
attendance; e. Education; f. Transportation
Kinds of support 1. Legal – required or given by law; 2. Judicial–required by court;
Maybe: a. Pendente lite b. In a final judgment 3. Conventional – by agreement
Persons obliged to support each other- 1. Spouses; 2. Legitimate ascendants &
descendants; 3. Parents and their legitimate children, and the legitimate and illegitimate
children of the latter; 4. Parents and their illegitimate children, and the 5. legitimate and
illegitimate children of the latter; 6. Legitimate brothers and sisters whether full or half-
blood (FC, Art. 195).
Liability to support (FC, Art. 199) The liability to support should be observed in the
following order: a. Spouse; b. Descendants in the nearest degree; c. Ascendants in the
nearest degree; d. Brothers and sisters.
Effect of adultery of the wife Adultery of the wife is a valid defense in an action for
support. If adultery is proved and sustained, it will defeat the action for support. But if
both are equally at fault, the principle of in pari delicto applies in which the husband
cannot avail of the defense of adultery.