PERSONS AND FAMILY - A person who deprives a spouse of the
consortium or services of the other spouse, if fully
RELATIONS
Reviewer – Pineda, Sta. Maria and
Rabuya
Atty. Gideon Mortel
TITLE III: RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE
Article 68.
The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and
render mutual help and support. (109a)
DUTIES AND OBLIGATION
- There is, therefore, virtue in making it as difficult
as possible for married couples to abandon each
other’s company
- When people understand that they must live
together, they learn to soften by mutual
accommodation because they know they cannot
just shake off what they had entered into
- Necessity is a powerful master in teaching the
duties which it imposes [Arroyo v. Vasquez de
Arroyo, 42 Phil. 58-59]
- Procreation is also an essential marital obligation
 It is a universal principle that procreation of
children through sexual cooperation is the
basic end of marriage [Chi Ming Tsoi v.
Court of Appeals, 78 SCAD 57, 266 SCRA
324]
NO COMPULSION
- Spouses cannot be compelled to live together,
observe mutual love, respect and fidelity through
an issuance of a court decision
- Moral obligation is the only motivating factor for
making spouses observe such duties and
obligations [Ramirez-Cuaderno v. Cuaderno, 12
SCRA 505; Potenciano v. Court of Appeals, G.R.
Nos. 139789, 139808, July 19, 2001]
- Wife’s domestic assistance and conjugal
companionship are purely personal and voluntary
acts which neither the spouses may be compelled
to render [Arroyo v. Vasquez, 42 Phil. 54]
DAMAGES FOR FAILURE TO COMPLY WITH
OBLIGATIONS
- There can be no action for damages merely
because of a breach of marital obligation [Ty v.
Court of Appeals, G.R. No. 127406, November
27, 2000] It is as if one spouse is to pay the other
damages from conjugal funds.
- In a separation of property, a spouse may be held
liable under Article 19, 20, or 21, NCC (Abuse of
right doctrine)
- Desertion and securing of an invalid divorce
decree of one consort entitles the other to recover
damages and attorney’s fees [Tenchavez v.
Escano, 15 SCRA 355]
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proven, can be held liable for damages
CAN A HUSBAND COMMIT RAPE AGAINST HIS
WIFE?
- Rape is committed by a man who shall have
carnal knowledge of a woman through force,
threat or intimidation; when the offended party is
deprived of reason or otherwise unconscious; by
means of fraudulent machinations or grave abuse
of authority; and when the woman is under 12
years of age or is demented, even though none of
the circumstances above be present (Art. 266-A
RPC, as amended by RA 8353)
- It is also committed by any person who, under
any of the circumstances mentioned, shall commit
an act of sexual assault by inserting his penis into
another person’s mouth or anal orifice (opening),
or any instrument or object, into the genital or
anal orifice of another person
- Yes, a husband can be held liable but the
subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action
or the penalty
 The crime shall not be extinguished or the
penalty shall not be abated (lessened) if the
marriage is void ab initio. (Art. 226-C, RPC,
as amended by RA 8353)
- Constitutes an act of violence against a woman,
including the wife (Sec. 3, RA 9262 – VAWC)
- RA No. 8353, amending the RPC, reclassified
rape as a crime against person and making it
clear that a husband can be criminally liable
Article 69.
The husband and wife shall fix the family domicile.
In case of disagreement, the court shall decide.
The court may exempt one spouse from living with
the other if the latter should live abroad or there
are other valid and compelling reasons for the
exemption. However, such exemption shall not
apply if the same is not compatible with the
solidarity of the family. (110a)
DOMICILE
- Definition
 Place of habitual residence
 Place where the parties intend to have their
permanent residence with the intention of
always returning even if they have left it for
some time
- Minors follow the domicile of their parents
- Should be agreed upon by the husband and wife
 Prior to the repeal of Art. 100 of NCC, the
husband, being the legal administrator of the
property, has he sole power to decide where
the family domicile will be
- The Family Code recognizes revolutionary
changes in concept of women’s rights in the
intervening years by making the choice of
domicile a product of mutual agreement between
 the spouses [Romualdez-Marcos v. COMELEC,
64 SCAD 358, 248 SCRA 300]
- A spouse can validly live away from the other only
if the latter should live abroad or there are other
valid and compelling reasons for the exemption
- Exemptions shall not apply if incompatible with
the solidarity of the family
Article 70.
The spouses are jointly responsible for the support
of the family. The expenses for such support and
other conjugal obligations shall be paid from the
community property and, in the absence thereof,
from the income or fruits of their separate
properties. In case of insufficiency or absence of
said income or fruits, such obligations shall be
satisfied from their separate properties. (111a)
EXPENSES FOR SUPPORT AND HOUSEHOLD
MANAGEMENT
Article 71.
The management of the household shall be the
right and duty of both spouses. The expenses for
such management shall be paid in accordance with
the provisions of Article 70. (115a)
Article 72.
When one of the spouses neglects his or her
duties to the conjugal union or commits acts which
tend to bring danger, dishonor or injury to the
other or to the family, the aggrieved party may
apply to the court for relief. (116a)
Article 73.
Either spouses may exercise any legitimate
profession, occupation, business or activity
without the consent of the other. The latter may
object only on valid, serious, and moral grounds.
In case of disagreement the court shall decide
whether or not:
1) The objection is proper, and
2) Benefit has accrued to the family prior to
the objection or thereafter. If the benefit
accrued prior to the objection, the resulting
obligation shall be enforced against the
separate property of the spouse who has
not obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith. (117a)
LEGITIMATE PROFESSION
- The husband and the wife can engage in any
lawful enterprise or profession without the
consent of the other
- The act of compelling the wife to desist from
pursuing a profession or any other conduct which
the wife has the right to engage in, or prevent the
wife from engaging in any legitimate profession,
occupation, business or activity with the purpose
or effect of controlling or restricting her movement
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or conduct is considered as acts of violence
against women under RA 9262 (VAWC)
- Exercise considered to redound to the benefit of
the family
- The absolute community or the conjugal
partnership property cannot be held liable for any
loss resulting from an insolated transaction,
unless proof showing direct benefit to the family is
presented [Ayala Investment v. Court of Appeals,
G.R. No. 118305, February 12, 1998]
 The husband cannot be held solidarily liable
with the wife for damages resulting from a
breach of contract entered into by the wife
wife who is responsible for the breach of a
video contract she entered into [Go v. Court
of Appeals, G.R. No. 114791, May 29, 1997,
82 SCAD 887]
- Disagreements in the desire of one to engage in a
certain profession, occupation, business or
activity must be anchored only on valid, serious
and moral grounds
- Courts shall decide if objection is proper in a
summary judicial proceeding in accordance with
Article 253
- If objectionable, the exercise of the business can
be judicially stopped
SEPARATE PROPERTY LIABILITY
- General Rules:
 Debts and obligations, of whatever nature
and regardless of the time they were entered
incurred, but redounding to the benefit of the
family, shall be chargeable to the conjugal
partnership of gains or the absolute
community property
 Obligations incurred as a result of a
spouse’s exercise of his or her legitimate
profession, occupation or as a result of a
spouse’s undertaking of his or her own
legitimate business, is an obligation
redounding to the benefit of the family or the
conjugal partnership or the absolute
community property, shall be shouldered by
the conjugal partnership or community
property [Ayala Investment v. CA]
- Exception:
 2nd paragraph, Item 2
 When benefit accrues prior to the objection,
in case of professions which are seriously
invalid and immoral, the separate property of
the erring spouse shall be liable for all
obligations even if the benefit accrued in
favor of the family
 Innocent spouse must have no knowledge of
the immoral activity such that he could not
have interposed any objection
- Even when there is no disagreement in an
immoral activity, the erring spouse is not barred
from interposing an authentic objection later
- Such separate liability is a way of penalizing the
spouse for engaging in a serious invalid and
immoral profession or occupation
TITLE IV: PROPERTY RELATION BETWEEN
HUSBAND AND WIFE
Article 74.
The property relations between husband and wife
shall be governed in the following order:
1) By marriage settlements executed before
the marriage;
2) By the provisions of this Code; and
3) By the local customs (118)
Article 75.
The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains,
complete separation of property, or any other
regime. In the absence of a marriage settlement, or
when the regime agreed upon is void, the system
of absolute community of property as established
in this Code shall govern. (119a)
Article 76.
In order that any modification in the marriage
settlements may be valid, it must be made before
the celebration of the marriage, subject to the
provisions of Article 66, 67, 128, 135, and 136. (121)
Article 77.
The marriage settlements and any modification
thereof shall be in writing, signed by the parties
and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry
where the marriage contract is recorded as well as
in the proper registries of property. (122a)
PROPERTY RELATIONS AND PRE-NUPTIAL
AGREEMENTS
- There should be a full and complete community of
existence between the spouses [Soclolo v. CAR,
106 Phil. 1038]
- Spouses cannot sell properties to each other,
except when a separation of property was agreed
upon in the marriage settlement; or when there
has been a judicial separation of property (Art
1490, NCC)
- The rule that no right of accretion in cases of
donation made to several persons is not
applicable to donation jointly made to husband
and wife. There shall be such right, unless the
donor has otherwise provided (Art 753, NCC)
 Right of Accretion. When two or more
persons are called to the same inheritance,
devise or legacy, the part assigned to the
one who renounces or cannot receive his
share, or who died before the testator, is
added or incorporated to that of his co-heirs,
co-devisees, or co-legatees
- Pursuant to Art 1403(2a), NCC dealing with the
Statutes of Frauds, an agreement in
consideration of marriage must be in writing,
otherwise it is unenforceable
3|Page
- The requirement that the agreement must be in
writing is mandatory not only for enforceability but
also for its validity
- ORAL MARRIAGE SETTLEMENT: void and
cannot be ratified by any claim of partial
execution or absence of objection
- VOID STIPULATIONS
 A stipulation that the conjugal partnership of
gains or absolute community of party will
start at any time other than the precise
moment of the celebration of marriage (Art.
88 and 107)
 A stipulation that spouses can make a
substantial donation to each other during
their marriage (Art. 87)
 Any other property regime than the complete
separation of property during a subsequent
marriage (Art. 103 and 130)
- DEFAULT PROPERTY REGIME
 Absolute community of property
 Prior to the effectivity of the Family Code in
1988, marriages are governed by the
conjugal partnership of gains
PREJUDICE TO THIRD PARTIES
- Marriage settlement and any modification thereof
must be registered in the local civil registry where
the marriage contract is recorded and in the
proper registries of property to bind third persons
- No marriage settlement, no property to register
- Effect of transformation of property by operation
of law from being exclusively-owned to one which
is co-owned because it has become part of the
absolute community of property may have
different effects on a third party, despite the fact
that there is no marriage settlement to register
FAIRNESS IN MARRIAGE SETTLEMENT
- Relationship is one of mutual trust and confidence
- Fairness should be measured at the time of the
execution of the agreement
- Considerations:
 Relative situation of the parties
 Respective ages
 Health and experience
 Respective properties
 Family ties and connections
 Spouse’s needs
- The effectivity of an unfair and unreasonable
agreement may still be maintained if it can be
shown that the disadvantaged spouse, when she
signed, had an understanding of her rights to be
waived or prejudiced or in a manner affected by
the agreement
- Signature must be made freely, voluntarily,
intelligently, and preferably upon competent and
independent advice
- Burden of proof of the invalidity of a pre-nuptial
agreement is on the spouse alleging it but if, on its
face, the contract is unreasonable a presumption
of concealment arises, the burden shifts and its
incumbent upon the other party to prove validity
[Del Vecchio v. Del Vecchio, 143 So. 2d 17]

EXEMPTIONS
- In the event that marriage is terminated by death
of one of the spouses and the surviving spouse
marries again without initiating any judicial or
extrajudicial settlement of the properties of his or
her previous marriage within one year from the
death of the deceased spouse, a mandatory
regime of complete separation of property shall
govern the property relations of the subsequent
marriage (Article 103 and 130)
MODIFICATIONS
- GR: for any modification in the marriage
settlement to be valid, it must be
 Made before the celebration of marriage
 In writing
 Signed by the parties
- Exceptions: modifications may be made after the
marriage ceremony but it shall need judicial
approval and should only refer to instances
provided under the following articles
 Article 66 and 67 – revival of the former
property regime of spouses who filed for
legal separation
 Article 128 – in case of abandonment or
failure to comply with marital obligations,
aggrieved spouse may petition the court for
receivership, judicial separation of property,
or for authority to be the sole administrator of
the conjugal partnership of gains
 Article 135 – judicial separation of property
 Article 136 – voluntary dissolution of the
absolute community or the conjugal
partnership of gains, and for the separation
of their common properties
- A separation of property cannot be effected by
the mere execution of the contract or agreement
of the parties but by the decree of the court
approving the same [Toda, Jr. v. CA, 183 SCRA
713]
LOCAL CUSTOMS
- Applicable when
 Stipulated by the parties; or
 Absolute community of property regime shall
not govern property relations but spouses
fail to stipulate what shall be applied
- A stipulation that neither the absolute community
of property or local custom shall prevail without
particularizing any other valid property regime is
void (contrary to Art. 74)
 Apply absolute community or property
Article 78.
A minor who according to law may contract
marriage may also execute his or her marriage
settlements, but they shall be valid only if the
persons designated in Article 14 to give consent to
the marriage are made parties to the agreement,
subject to the provisions of Title IX of this Code.
(120a)
CONSENT BY THOSE DESIGNATED BY LAW
4|Page
- The phrase “a minor who according to law may
contract marriage” has been impliedly repealed
because no minor now may contract a valid
marriage (void ab initio)
- At present, an 18-year-old deciding to marry may
validly execute a marriage settlement without
obtaining the consent of the person designated in
Article 14, FC
- Being emancipated, an 18-year-old becomes
qualified for all acts of civil life
Article 79.
For the validity of any marriage settlements
executed by a person upon whom a sentence of
civil interdiction as been pronounced or who is
subject to any other disability, it shall be
indispensable for the guardian appointed by a
competent court to be made party thereto. (123a)
CONSENT BY THOSE DESIGNATED BY LAW
- Mandatory for the guardian, appointed by the
court, to be made party to the written marriage
settlement
- Civil interdiction under RPC:
 Article 34 - deprives offender during the time
of is sentence of rights of parental authority,
or guardianship, either as to the person or
property of any ward, of marital authority, of
the right to manage his property, and of the
right to dispose of such property by any act
or any conveyance inter vivos
 Article 41 – penalties of reclusion perpetua
and reclusion temporal carry with them, as
accessory penalties, that of civil interdiction
for life or during the period of the sentence
as the case may be, and that of perpetual
absolute disqualification which the offender
shall suffer even though pardoned as to the
principal penalty, unless expressly remitted
in the pardon
 Article 40 – death penalty, when it is not
executed by reason of commutation or
pardon shall carry with it that of perpetual
absolute disqualification and that of civil
interdiction during 30 years following the
date of sentence, unless expressly remitted
in the pardon
Article 80.
In the absence of a contrary stipulation of marriage
settlement, the property relations of the spouses
shall be governed by Philippine laws, regardless of
the place of the celebration of the marriage and
their residence.
This rule shall no apply:
1) Where both spouses are aliens;
2) With respect to the extrinsic validity of
contracts affecting property not situated in
the Philippines and executed in the country
where the property is located; and
3) With respect to the extrinsic validity of
contracts entered into the Philippines but
affecting property situated in a foreign
 country whose laws require different
formalities for extrinsic validity. (124a)
RULES GOVERNING PROPERTY RELATIONS
- If the contracting parties are Filipinos, their
property relations will be governed by the
Philippine laws in the absence of any agreement
to the contrary even if they are married abroad or
even if they reside abroad
- If the contract involves properties abroad, the
extrinsic validity of such contract, whether
executed in the Philippines or abroad, will not be
governed by Philippine laws (Art. 16, NCC – laws
of the country where the property is situated shall
govern its extrinsic validity)
Article 81.
Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
donations between the prospective spouses made
therein, shall be rendered void if the marriage does
not take place. However, stipulations that do not
depend upon the celebration of the marriage shall
be valid. (125a)
EFFICACY OF MARRIAGE SETTLEMENTS
- Consideration of a marriage settlement is the
marriage itself. No marriage, no marriage
settlement
- Provisions in a marriage settlement are
separable. Only the invalid provisions will be
rendered ineffectual while the rest will continue to
remain in force
- Stipulations that do not depend upon the
celebration of marriage shall be valid
 Support of a common child for a particular
amount since a parent is obliged to support
his child, whether legitimate or illegitimate
CHAPTER 2 DONATIONS BY REASON OF
MARRIAGE
Article 82.
Donations by reason of marriage are those which
are made before its celebration, in consideration of
the same, and in favor of one or both of the future
spouses. (126)
DONATION PROPTER NUPTIALS
- Propter Nuptias:
 Donations by reason of marriage
 Without onerous consideration, the marriage
being merely the occasion or motive of the
donation, not its “causa”
- REQUISITES
 Before celebration of the marriage
 In consideration of the marriage
 In favor of one or both of the future spouses
- DONEE/s must be one or both of the future
spouses; DONOR may either be a third person or
one of the future spouses
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- Donation is a consideration but not in a sense
that it is necessary to give birth to the obligation
 Under Art 86, the fact that the marriage did
not take place is a cause for the revocation
of the donation
 Even without marriage, the donation may be
valid since you cannot revoke something
that does not exist
- Subject to reduction for inofficiousness (contrary
to moral obligation) upon the donor’s death, if
they should infringe the legitime of a forced heir
[Mateo v. Lagua, 29 SCRA 864]
- Donation must be made prior to the celebration of
marriage [Garcia v. Sangil, 53 Phil. 968], in
consideration of the same, and must be in favor
of one or both of the spouses.
- Exclusions: [6 Manresa 232, cited in Serrano v.
Solomon, 105 Phil. 998]
 Made in favor of the spouses after the
celebration of marriage
 Executed in favor of the future spouses but
not in consideration of marriage; and
 Granted to persons other than the spouses
even though they may be founded on the
marriage
- Can be contained in a marriage settlement
Article 83.
These donations are governed by the rules on
ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are modified by
the following Articles. (127a)
VALIDITY OF DONATION PROPTER NUPTIAS
- Donee must accept the donation personally, or
through an authorized person with a special
power for the purpose, or with a general or
sufficient power; otherwise, the donation shall be
void (Art. 745, NCC)
- Acceptance must be made during the lifetime of
the donor and the done (Art. 746, NCC)
- Donation of a movable property
 May be made orally or in writing
 Oral – requires simultaneous delivery of the
thing or of the document representing the
right donated
- If the value of a donation of a personal property
exceeds P5,000, the donation and the
acceptance must be in writing or else void
- Donation of an immovable property
 Must be made in a public instrument,
specifying the property donated and the
value of the charges which the donee must
satisfy
 Acceptance must be made in the same deed
of donation or in a separate public
document, but it shall not take effect unless
it is done during the lifetime of the donor
 If acceptance is made is in a separate
instrument, the donor shall be notified
thereof in an authentic form and this step
shall be noted in both instruments (Art. 748,
NCC)

DONATION OF FUTURE PROPERTY
- Governed by the provisions on testamentary
succession and the formalities of a will
- May be handwritten, but must be entirely
handwritten, dated and signed by the donor
- If not handwritten, it must be subscribed at the
end thereof by the donor himself or the donor’s
name written by some other person in his
presence, and by his express direction, and
attested and subscribed by 3 or more credible
witnesses in the presence of the donor and of one
another
 The donor or the person requested by him to
write his name and the instrumental
witnesses of the deed of donation, shall also
sign, each and every page except the last,
on the left margin, and all the pages shall be
numbered correlatively in letters placed on
the upper part of the page
- Attestation clause:
 State the number of pages used in which the
deed of donation is written, and the fact that
the donor signed the deed of donation and
every page thereof, or cause some other
person to write his name, under his express
direction, in the presence of the donor and of
one another.
 If in a language not known to the witnessed,
it shall be interpreted to them
 Every will must be acknowledged before a
notary public by the donor and the witnesses
Article 84.
If the future spouses agree upon a regime other
than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than 1/5 of their present
property. Any excess shall be considered void.
Donations of future property shall be governed by
the provisions on testamentary succession and the
formalities of wills. (130a)
DONATION BETWEEN FUTURE SPOUSES
- Requisites for validity:
 Valid marriage settlement
 Marriage settlement must stipulate a
property regime other than an absolute
community of property
 Donation must not be more than 1/5 of his or
her present property
 Accepted by the would-be spouse
 Complies with the requisites established in
Title III of Book III of the Civil Code on
donations
- Donations is an act of pure liberality dependent
on the donor
 Not negotiated nor a “settlement”
 While a donation propter nuptias must be
accepted by the done, he or she must not
have any part in the donor’s decision
- Limitation is said to be a good “compromise”
provision to allow the donor to make a generous
6|Page
act in the marriage settlement but at the same
time to prevent the donee from unduly capitalizing
on the act of generosity on the part of the donor-
spouse
WHEN THE ”NOT MORE THAN 1/5” LIMITATION
NOT APPLICABLE
- Marriage settlement provides for a particular
regime other than the absolute community of
property AND
- Donation propter nuptias not included in the
marriage settlement but contained in a separate
deed
 Hazards and undue influence present in the
negotiation of a marriage settlement is
absent in a donation, which is done
unilaterally in a separate deed of donation
free from the interference of even the done-
spouse
- Apply rules on donation contained in Title III of
Book III of the Civil Code
 May comprehend all the present property of
the donor provided the he reserves, in full
ownership and usufruct, sufficient means for
the support of himself, and all relatives who,
at the time of the acceptance of the
donation, are by law entitled to be supported
by the donor
 Donation may comprehend all the present
property of the donor, or part thereof,
provided he reserves, in full ownership or in
usufruct, sufficient means for the support of
himself, and all relatives who, at the time of
the acceptance of the donation, are by law
entitled to be supported by the donor.
 Without such reservation, the donation shall
be reduced on petition of any person affected
(Art 750, NCC)
 LIMITATION: No person may give or receive
by way of donation, more than he may give or
receive by will (inofficious in all that may
exceed this limitation) (Article 752, NCC)
- RATIONALE OF THE NOT MORE THAN 1/5
RULE:
 Preventing one spouse from unduly exerting
influence on the other
 Under the FC, husband and wife cannot,
directly or indirectly, make substantial
donations to each other (Article 87, FC)
- Under Art 84, parties are not married yet
- The law clearly provides that the limitation applies
in case the donation is made in the “marriage
settlement”
 A marriage settlement is usually negotiated
and definitely agreed upon by the parties
 Exerting undue influence by one spouse is
clearly a possibility during the discussions
about the marriage settlement
 To avoid donation in becoming a bargaining
point in the discussion
Article 85.
Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of
foreclosure of the encumbrance and the property
is sold for less than the total amount of the
obligation secured, the donee shall not be liable
for the deficiency. If the property is sold for more
than the total amount of the said obligation, the
donee shall be entitled to the excess. (131a)
DONATION WITH ENCUMBRANCES
- Valid but donee’s right is subject to the
encumbrance
- In the event of foreclosure of the property
donated:
 Deficiency: not liable (donee is not a debtor
with respect to the principal obligation)
 Surplus: entitled (being the owner of the
property, the donee is entitled to whatever
value of the property which can be obtained)
- Donation being an act of liberality, the donee
cannot seek reimbursement from the donor for
the amount which was taken by the credit as a
result of the foreclosure sale
Article 86.
A donation by reason of marriage may be revoked
by the donor in the following cases:
1) If the marriage is not celebrated or
judicially declared void ab initio except
donations made in the marriage settlement,
which shall be governed by Article 81;
2) When the marriage takes place without the
consent of the parents or guardian, as
required by the law;
3) When the marriage is annulled, and the
donee acted in bad faith;
4) If it is with a resolutory condition and the
condition is complied with;
5) When the donee has committed an act of
ingratitude as specified by the provisions
of the Civil Code on donations in general.
(132a)
MARRIAGE NOT CELEBRATED
- RATIONALE: marriage is the very reason for the
donation
- Donor has option to revoke or maintain the
donation
 No prescriptive period for revocation
indicated in FC and Title III of Book III of the
Civil Code
 Article 1149, NCC: all actions whose
prescriptive period are not fixed in this
Code or in other laws must be brought
within 5 years from the time the right of
action accrues
 If marriage is not celebrated: right
accrues from the moment the
marriage is not solemnized on the
fixed date
 If void as it is contained in the
marriage settlement: period to declare
as void does not prescribe
- If contained in the marriage settlement executed
prior to the marriage, donation shall be
considered void (Art 81)
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- If donation is not a donation propter nuptias, it
shall remain effective provided it complies with all
the statutory requirements for a valid donation
MARRIAGE JUDICIALLY DECLARED VOID
- Mere fact that marriage is void is insufficient to
have the right to revoke the donate
- REQUIRED: Judicial declaration
- SITUATION 1:
 Subsequent marriage is void pursuant to
Art 40 in relation to Articles 52 and 53
 Art 40: The absolute nullity of a
previous marriage may be invoked for
purposes of remarriage on the basis
solely of a final judgment declaring
such previous marriage void
 Art 52: The judgment of annulment or
of absolute nullity of marriage, the
partition and distribution of the
properties of the spouses and the
delivery of the children’s presumptive
legitimes shall be recorded in the
appropriate civil registry and registries
of property; otherwise, the same shall
not affect third persons
 Art 53: Either of the former spouses
may marry again after compliance with
the requirements of the immediately
preceeding article; otherwise, the
subsequent marriage shall be null and
void
 Donation is revoked by operation of law if
the donee-spouse contracted the
subsequent void marriage in bad faith
 Article 43(3): Donation by reason of
marriage shall remain valid, except that if
the donee contracted the marriage in bad
faith, such donations made to the said
donee are revoked by operation of law
 Period of right of action to file an action to
recover the thing donated:
Property Prescriptive Period
Movable After 8 years from the time the
possession thereof is lost (Art
1140, NCC)
Real After 30 years (Art 1141, NCC)
Possession is deemed lost from
the finality of the judicial
declaration of nullity
- SITUATION 2:
 There is bad faith on the part of both of the
contracting parties in a subsequent
marriage
 One of the parties previously obtained a
judicial declaration of presumptive death
under Art 41 to be able to remarry
 Art 44, FC: If both spouses of the
subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all
donations by reason of marriage and
testamentary dispositions made by one in
 favor of the other are revoked by operation
of law
- SITUATION 3:
 All other cases where a marriage has been
judicially declared void on grounds other
than under Art 40 in relation to Art 52 and
53 and under Art 44, apply Article 86(1)
 Art 86(1): A donation by reason of
marriage may be revoked by the donor
in the following cases: 1) If the
marriage is not celebrated or judicially
declared void ab initio except
donations made in the marriage
settlements, which shall be governed
by Art 81
 Art 81: Everything stipulated in the
settlements or contracts referred to in
the preceding articles in consideration
of a future marriage, including
donations between prospective
spouses made therein, shall be
rendered void if the marriage does not
take place. However, stipulations that
do not depend upon the celebration of
the marriages shall be valid
 Good faith or bad faith of the done is
irrelevant
 The donor, after the finality of a judicial
declaration of nullity of marriage, shall have
the option to revoke or not to revoke the
donation whether or not the donee is in bad
faith pursuant to Art 86(1)
 Example: marriage celebrated without a
marriage license, mistake in identity
- SITUATION 4:
 Bigamous marriage: A is VALIDLY married
to B and subsequently marries X while the
FIRST VALID marriage is subsisting, any
donation propter nuptias given by
 X to A: may or may not be revoked
after the finality of the judicial
declaration of nullity of a bigamous
marriage
 A to X: void if they are already guilty of
adultery or concubinage at the time of
donation (Art 739(2), NCC) or if it were
made at the time when A and X are
already living together as husband and
wife without a valid marriage (Art 87,
FC)
 Marriage of A and B is VOID and no
declaration of nullity of marriage has been
obtained prior to the marriage of A and X,
the donation of:
 X – revoked by operation of law upon
the finality of the declaration of nullity
of X’s marriage with A
 A – void if made at the time A and X
were living together as husband and
wife without a valid marriage (Art 87,
FC)
- SITUATION 5:
 Both contracting parties are in good faith
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 Option is given to revoke the donation or
not
 Example: subsequent marriage is
contracted without complying with
mandatory recording and distribution
requirements in Art 52 believing in good
faith that the marriage is valid as they have
respectively procured their nullity decrees,
subsequent marriage is still void
 PRESCRIPTIVE PERIOD: 5 years from the
time the judicial declaration of nullity has
become final
NO CONSENT OF PARENTS OR GUARDIAN
- Consent required for contracting parties 18 years
old and above but below 21 years old
- Without consent, marriage is annullable and
donation propter nuptias may be revoked by the
donor
- Annulment is not required to revoke donation
- PRESCRIPTIVE PERIOD: 5 years from the time
donor had knowledge that the needed consent
was not obtained
 Knowledge can only come on or after the
marriage (RATIONALE: before marriage the
proper party may still give their consent)
- If marriage does not take place: apply Art 86(1) or
Art 81
ANNULLED MARRIAGE AND DONEE ACTED IN
BAD FAITH
IN BAD FAITH Art 86(3): Merely revocable at the
instance of the donor. Right to file an
action prescribes after 5 years from
the finality of the annulment decree
Art 50 in relation to Art 43(3):
Revoked by operation of law. No
need to file an action
NOT IN BAD Effective and can never be revoked
FAITH either in Art 86(3) or Art 50 in relation
to Art 43(3) of FC
- Art 50 in relation to Art 43(3) is more in line with
the spirit of the law
- In case of refusal to return the donated property
Property Prescriptive Period
Movable After 8 years from the time the
possession thereof is lost (Art
1140, NCC)
Real After 30 years (Art 1141, NCC)
Possession is deemed lost from
the finality of the judicial
declaration of nullity
LEGAL SEPARATION
- Donor is given the option to revoke or not
 RATIONALE: Legal separation does not
sever the marital bond
- PRESCRIPTIVE PERIOD: 5 years from the
finality of the decree of legal separation
- WHEN GROUNDS IS SEXUAL INFIDELITY (i.e.,
concubinage or adultery): donation made
 between persons who are guilty at the time of
donation shall be void (Art 739[1])
RESOLUTORY CONDITION
- May or may not be revoked and subject to the 5-
year prescriptive period from the time the
resolutory condition happens (not the couple)
- The happening of the future or uncertain event
which constitutes the resolutory condition
operates to extinguish the right or the obligation
- If the donation is validly made by one spouse in
favor of the other spouse and the resolutory
condition happens, the donor-spouse may revoke
at anytime without any prescriptive period
 Prescription does not run between husband
and wife, even though there be a separation
of property agreed upon in the marriage
settlement (Art 1104, NCC)
ACTS OF INGRATITUDE
- Instances of ingratitude (Art 765, NCC)
 If the donee should commit some offense
against the person, the honor or property of
the donor, or by his wife or children under
his parental authority;
 If the donee imputes to the donor any
criminal offense, or any act involving moral
turpitude, even though he should prove it,
unless the crime or the act has been
committed against the done himself, his wife
or children under his authority
 If he unduly refuses him support when the
donee is legally or morally bound to give
support to the donor
- PRESCRIPTIVE PERIOD: 1 year from the time
he had knowledge of the fact of ingratitude and it
was possible for him to bring the suit (Art 769,
NCC)
- Alienations and mortgages effected
 VALID: before notation of complaint for
revocation in the Registry of Property
 VOID: later
VOID DONATIONS
- Donations made by persons who were guilty of
adultery and concubinage at the time of the
donation is void (Art 739, NCC)
CASE NOTE
Agapay v. Palang, 85 SCAD 491, 276 SCRA 340
- SC ruled that a transfer of a property made by
a husband to his second wife at the time his
first marriage was still subsisting was in fact a
donation and, therefore, void under Art 739,
NCC and Art 87, FC.
Article 87.
Every donation or grant of gratuitous advantage,
direct or indirect, between the spouses during the
marriage shall be void, except moderate gifts
which the spouses may give each other on the
occasion of any family rejoicing. The prohibition
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shall also apply to persons living together as
husband and wife without a valid marriage. (133a)
REASON FOR PROHIBITION
- Moderate gifts will depend on a case-to-case
basis especially considering the financial capacity
of the donor
- The law makes such donations immediately void
so that the “intended benefit does not have to be
proven anymore”
- Also includes persons living together as husband
and wife without a valid marriage (Matabuena v.
Cervantes, 38 SCRA 284)
 Prohibit donations in favor of the other
consort and his descendants because of fear
of undue and improper pressure upon the
donor
 Despite the irregular connection, the danger
the law so seeks to avoid is correspondingly
increased
 Disabilities attached to marriage should
likewise attach to concubinage
 It must be shown that the donation was
made at the time when they were still living
together as husband and wife without the
benefit of marriage
- Also applicable in a situation where the husband
lived with a woman not his wife (Joaquin v.
Reyes, GR No 154645, July 13, 2004, 434 SCRA
260)
CASE NOTE
Agapay v. Palang, 276 SCRA 340
- FACTS: A property was sold by the husband
to his wife of a subsequent bigamous marriage
for the purpose of removing the effects of Art
148, FC.
- A house and lot were allegedly bought for
P20,000
- Atty. Constantino Sagun testified that Palang
provided the money for the purchase and
directed that the name of Erlinda alone be
placed as the vendee.
- HELD: The court ruled that the transaction was
properly a donation and clearly void under Art
739, NCC. Further Art 87 of FC now applies to
donations between persons living together as
husband and wife without a valid marriage
EFFECT OF DONATION
- VOID whether the donation is direct or indirect
- Indirect donations (once the donee dies, the
spouse of the donor will inherit):
 To a stepchild who has no compulsory
and/or legal heirs, such as his or her
children, other than the other spouse at the
time of the donation
 To a common child who has no compulsory
and/or legal heirs other than the other
spouse at the time of the donation
 To the parent of the other spouse
 To the other spouse’s adopted child who has
no compulsory and/or heirs or, in case when,
 at the time of the donation, the only surviving who belong to the line from which said property
relative of the adopted is the other spouse came (Art 891, NCC)
(Parent of the adopted) - RATIONALE: Keep property within the same
 To a common adopted child who has no bloodline
other compulsory and/or legal heirs
- Immergence of a compulsory and/or legal heir,
such as when the donee gives birth, will not cure
the invalidity of the donation.
- Donation is void from inception
- Donations by both spouses in favor of their
common legitimate children
 For the exclusive purpose of commencing or
completing a professional or vocational
course or other activity for self-improvement
are valid.
 Amount of donation is chargeable to
the absolute community of property or
the conjugal partnership of gains
 For any other purpose would fall within the
prohibition
 Both spouses are presumptive heirs
and any gratuitous inheritance the
parents will get will become their
separate properties

PERSONS WHO CAN CHALLENGE THE VALIDITY

OF TRANSFERS
- Those who bore no relation to the parties to the
transfer at the time it occurred and had no rights
or interests inchoate, present, remote, or
otherwise, in the property in question at the time
transfer occurred
- RATIONALE: Prohibition of donation can only be
taken advantage of by persons who bear such
relation to the parties making the transfer or to the
property itself that such transfer interferes with
their rights or interests

CASE NOTE
Rodriguez v. Rodriguez, 20 SCRA 908
- FACTS: Mother sold her exclusive property to
her daughter who later sold the same to her
father for the purpose of converting such
property of the mother to conjugal property
and vesting half-interest on the husband and
evading the prohibition against donation
- ISSUE: Is the mother a proper party to nullify
the donation?
- HELD: No. While the cause involved an illicit
consideration, all parties knew the illicit
purpose of the scheme and thus, all were
guilty. No one can recover what was given by
virtue of contract
- Pari delicto non oritur action

EFFECT ON RESERVA TRONCAL

- RESERVA TRONCAL: The ascendant who
inherits from his descendant any property which
the latter may have acquired by gratuitous title
from another ascendant, or a brother or a sister,
is obliged to reserve such property as he may
have acquired by operation of law for the benefit
of relatives who are within the third degree and

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