Persons and Family Relations
(2) Anyone who acts in defense of
LEGAL SEPARATION
Liquidation
Article 63(2), Family Code
Art.63. The decree of legal separation
shall have the following effects:
xxx
(2) The absolute community or the
conjugal shall be dissolved and liquidated
but the offending spouse shall have no
right to any share of the net profits
earned by the absolute community or the
conjugal partnership, which shall be
forfeited in accordance with the
provisions of Article 43(2); (106a)
*Bañez vs Bañez
Effects of Decree of Legal Separation
*Bañez vs Bañez
RIGHTS AND OBLIGATIONS OF
SPOUSES
Art.II, Sec.14, 1987 Constitution
Sec.14. The State recognizes the role of
women in nation-building, and shall
ensure the fundamental equality before
the law of women and men.
Art.XIII, Sec.14, 1987 Constitution
Sec.14. The State shall protect working
women by providing safe and healthful
working conditions, taking into account
their maternal functions, and such
facilities and opportunities that will
enhance their welfare and enable them to
realize their full potential in the service of
the nation.
Article 11(2), Revised Penal Code
Art.11.Justifying circumstance.—The
following do not incur any criminal
liability:
xxx
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the person or rights of his spouse,
ascendants,descendants, or legitimate,
natural, or adopted brothers and sisters
or of his relatives by affinity in the same
degrees, and those by consanguinity
within the fourth civil degree, provided
that the first and second requisites
prescribed in the next preceding
circumstance are present, and the further
requisite, in case the provocation was
given by the person attacked, that the
one making defense had no part therein
Article 247, Revised Penal Code
Art.247.Death or physical injuries inflicted
under exceptional circumstances—Any
legally married person who, having
surprised his spouse in the act of
committing sexual intercourse with
another person, shall kill any of them or
both of them in the act or immediately
thereafter, or shall inflict upon them any
serious physical injury, shall suffer the
penalty of destierro.
If he shall inflict upon them
physical injuries of any other kind, he
shall be exempt from punishment.
These rules shall be applicable,
under the same circumstances, to
parents, with respect to their daughters,
under 18 years of age, and their seducer,
while the daughters are living with their
parents.
Any person who shall promote or
facilitate the prostitution of his wife or
daughter, or shall otherwise have
consented to the infidelity of the other
spouse shall not be entitled to the
benefits of this article.
*Nota Bene: Basis—passion and
obfuscation
Article 15, New Civil Code
Art.15. Laws relating to family rights and
duties, or to the status, condition, and
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Persons and Family Relations
legal capacity of persons are binding
upon citizens of the Philippines, even
though living abroad. (9a)
Article 68-73, Family Code
Art.68. The husband and wife are obliged
to live together, observe mutual love,
respect and fidelity, and render mutual
help and support. (109a)
Art.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)
Art.70. The spouse 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)
Art.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)
Art.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)
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Art.73. Either spouse 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.
Article 753, New Civil Code
Art.753. When a donation is made to
several persons jointly, it is understood to
be in equal shares, and there shall be no
right of accretion among them, unless the
donor has otherwise provided.
The preceding paragraph shall not
be applicable to donations made to the
husband and wife jointly, between whom
there shall be a right of accretion, if the
contrary has not been provided by the
donor. (637)
Article 2035(4), New Civil Code
Art.2035. No compromise upon the
following questions shall be valid:
xxx
(4) Future Support (1814a)
Article 101, Family Code
Art.101. If a spouse without just cause
abandons the other or fails to comply with
his or her obligations to the family, 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,
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Persons and Family Relations
subject to such precautionary conditions
as the court may impose.
The obligations to the family
mentioned in the preceding paragraph
refer to marital, parental or property
relations.
A spouse is deemed to have
abandoned the other when he or she has
left the conjugal dwelling without any
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 shall be prima
facie presumed to have no intention of
returning to the conjugal dwelling. (178a)
Article 128, Family Code
Art.128. If a spouse without just cause
abandons the other or fails to comply with
his or her obligations to the family, the
aggrieved spouse may petition the court
for receivership, for judicial separation of
property or for authority to be the sole
administrator of the conjugal partnership
property, subject to such precautionary
conditions as the court may impose.
The obligations to the family
mentioned in the preceding paragraph
refer to marital, parental or property
relations.
A spouse is deemed to have
abandoned the other when he or she has
left the conjugal dwelling without any
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 shall be prima
facie presumed to have no intention of
returning to the conjugal dwelling. (167a,
191a)
Article 198, Family Code
Art.198. During the proceedings for legal
separation or for annulment of marriage,
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and for declaration of nullity of marriage,
the spouses and their children shall be
supported from the properties of the
absolute community or the conjugal
partnership. After final judgment granting
the petition, the obligation of mutual
support between the spouses ceases.
However, in case of legal separation the
court may order that the guilty spouse
shall give support to the innocent one,
specifying the terms of such order. (292a)
Republic Act No. 7192
Title
Republic Act No. 8187
*Ilusorio vs Bildner et al
*Chi Ming Tsoi vs Court of Appeals, et al.
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Marriages before the effectivity of
Family Code
*De Lizo vs De Lizo
After the effectivity of the Family
Code
*(On Partition) Uy vs Court of Appeals
*Brigida Quiao vs Rita Quiao, et al.
General
Article 74-81, Family Code
Art.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;
(3)By the local customs. (118a)
Art.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
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Persons and Family Relations
absence of 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)
Art.76. In order that any modifications in
the marriage settlements may be valid, it
must be made before the celebration of
the marriage, subject to the provisions of
Articles 66, 67, 128, 135 and 136. (121)
Art.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)
Art.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 f
Title IX of this Code. (120a)
Art.79. For the validity of any marriage
settlements executed by a person upon
whom a sentence of civil interdiction has
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 a party
thereto. (123a)
Art.80. In the absence of a contrary
stipulation in a marriage settlement, the
property relations of the spouse shall be
governed by Philippine laws, regardless
of the place of the celebration of the
marriage and their residence.
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This rule shall not 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;
(3)With respect to the extrinsic
validity of contracts entered in the
Philippines but affecting property situated
in a foreign country whose laws require
different formalities for its extrinsic
validity. (124a)
Art.81. Everything stipulated in the
settlements or contracts referred to in the
preceding articles in considerations 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)
MARRIAGE SETTLEMENTS
Article 75-81, Family Code (supra)
Article 22(7), Family Code
Art.22. The marriage certificate, in which
the parties shall declare that they take
each other as husband and wife, shall
also state:
xxx
(7) That the parties have entered
into a marriage settlement, if any,
attaching a copy thereof. (67a)
*Toda, Jr. vs Court of Appeals
DONATIONS BY REASON OF
MARRIAGE
Article 44, Family Code
Art.44. If both spouses of the subsequent
marriage acted in bad faith, said marriage
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Persons and Family Relations AUF-SOL | JD1

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. (n)
Article 82-87, Family Code
*Locquiao Valencia, et al vs Locquia,et al
ABSOLUTE COMMUNITY OF
PROPERTY
Article 88-104, Family Code
*Valdez vs RTC, Branch 102, QC, et al
CONJUGAL PARTNERSHIP OF
GAINS

Article 105-133, Family Code

When does Conjugal Partnership of

Gains commence and apply
*PNB vs Quintos
What constitutes conjugal
partnership
*PNB vs Court of Appeals
*Cuenca vs Cuenca
*Zulueta vs Pan Am
*Mendoza vs Reyes
*Belcodero vs Court of Appeals
*Embrado vs Court of Appeals
Improvement on CPG Property
*Calimlim vs Fortun
*Ong vs Court of Appeals
What is excluded
*Liberal vs Katigbak
*Barciles vs GSIS
*Veloso vs Martinez
*Plata vs Yatco
*Joaquino vs Reyes

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