Civil Law Review

May divorce sa Philippines - Relative Divorce

Separation De Facto
- not recognized by court

ARt. 55 Reckoning Point ng Prescription ng Annulment -5 years

- from DATE OF ADMISSION!!!

ARTICLE 57
- Occurrence of the cause

Cooling Off Period - Mandatory in Character

- 6 months
Exception
- VAWC

Dinala sa beerhouse yung Bata

- the mother is not unfit, even the mother is working the beerhouse
as long as hindi pinapakita sa bata

Effects of Legal Separation

- Separation
* the marriage bonds shall not be severed but shall be entitled to lived
separately from each other
- Property
* the Absolute Community of Property or the COnjugal Partnership of Gains shall
be dissolved and liquidated
- Custody
* The custody of the minor children shall be awarded to the innocent spouse, but
no child under 7 years
shall be separated from the mother unless there are compelling reason
- Support
*
- Succession

Effects
C - Custody - Innocent Spouce
- 7 yrs old -> Mother
Except - Unfit
A - ACOP / CPOG - Dissolve
- Liquidated
D - Donation - Revoked
I - INsurance - kahit irrevocable benefeciary - Revoked
S - Successional Right - Intestate - Disqualified
Testate - Revoked by Operation of law

Wife who was convicted of Adultery

- not disqualified to inherit

Remedy ng Husband para ma disqualify

- File ng Legal Separation
May remedy ang wife if iniwan ng Husband more than a year
1. Support
2. MOral Damages
3. To ask relief from the court - Legal Separation

Marriage Settlement

M
B ----------- G

- 12.9.21
- Property Relations

Kinds of Marriage Settlement

*Absolute Community of Property - Default
*Conjugal Partnership of Gains
*Complete Separation of Property
*COmbination

from the precise moment of Marriage

- kung what time kinasal

Cannot be made extrajudicial sa Marriage Settlement

- Kailangan Judicial Recognition

Antinuptial Aggreement
- will

In Absence of Marriage Settlement

- Absolute Community of PRoperty

Kailangan Nakasulat ang Marriage Settlement

- yung writing, kahit private or public instrument

Donation by Reason of Marriage

a. They must be made before the celebration of the marriage;
b. They must be made in consideration of the marriage;
c. They must be made in favor of one or both of the future spouses.

Donation Propter Nuptias

-

If the Marriage Settlement is COnjugal Partnership, the donation between spouses

- Not More than 1/5 of their present property

if the Marriage settlement is Absolute Community

- Walang limitation

When there is defeciency

- the couple would not be liable
- the future spouses are not privy to the contract of loan from the borrower and
mortgagor

pag may excess sa amount after foreclosure

- the excess amount shall redound to the benefit of the Spouses
THe prescriptive period is 10 years, as a written contract
- Donation Proper Nuptias

Verbally or Orally
- 6 years ang prescriptive period

ABSOLUTE COMMUNITY OF PROPERTY

- ALL PROPERTY will form as to one
exception
* Gratuitous Title - the consideration is the Liberty
* Exclusive Property
* Previous Marriage by presence of descendants

No waiver of Rights to Absolute Community of Property

Contractual Obligations incurred before the marriage

- General Rule
the Absolute community is not liable
the obligation was contracted before the marriage
Exception
- the benefits redounded to the Family

Contracted Obligation before the marriage para sa wedding

- hindi chargeable sa absolute community dahil it will not redound to the benefit
of the Family

If the REPAIR is MINOR

- is this chargeable to Absolute Community of Property?
- Will Redound to the Benefit of the Family, YES CHARGEABLE

If the REPAIR is MAJOR

- is this chargeable to Absolute Community of Property?
- Will Redound to the Benefit of the Family, YES CHARGEABLE
- PERO kung EXCLUSIVE PROPERTY - NO, CANNOT CHARGE sa ABSOLUTE COMMUNITY

ACOP

B ------------ G = Magiging ISA

SUpport

= SUPPORt
- SPOUSE
- Legitimate Children
- illegitimate Child ni B or B
Except
- the Abadoned wife has no right to legal support

TAXES
OTHER TAXEs and EXPENSES
- for the preservation of the separate property and during marriage ginagamit
ng marriage
only involves minor repair
- YES, CHARGEABLE SA ABSOLUTE COMMUNITY OF PROPERTY