PROPERTY RELATIONS

BETWEEN HUSBAND AND WIFE

BY: ATTY. JOSEPH RANDI C. TORREGOSA
Separation of Property of the Spouses and
Administration of Common Property by one spouse
during the Marriage

 Instances where there can be regime of separation of property:

a. If so stipulated by the parties in their marriage settlement
b. By judicial separation of property during the marriage
c. In mandatory regime of complete separation of property of the
subsequent marriage for non-compliance with liquidation
requirements (103 & 130)
Judicial Separation

TWO (2) WAYS TO EFFECT JUDICIAL SEPARATION OF PROEPRTY DURING

THE MARRIAGE:

(a) Voluntary judicial separation- by joint petition filed by the spouses without cause.

 May only be availed of once.

(b) By involuntary judicial separation on any of the
following grounds:
1. Civil interdiction
2. Declaration of absence
3. Loss of parental authority
4. Abandonment and failure to comply with family
obligations
5. Abuse of administration
6. Separation in fact for a period at least one (1) year and
reconciliation is highly improbable
 Once the court decrees separation of property, the absolute or conjugal
partnership shall be liquidated and complete separation of property regime shall
apply in the existing marriage.
 It is the finality of the court decision decreeing the separation which dissolves
the absolute community or conjugal partnership.
RULE ON THE REVIVAL OF PREVIOUS PROPERTY REGIME:

A) By filing a motion in the same proceedings where judicial

separation was decreed (Article 141)
 must be filed by both spouses and approved by the court.
Grounds for revival:
1. when the grounds upon which the judicial separation
was decreed terminates/ceases.
2. when after voluntary dissolution of the absolute
community of property or conjugal partnership has been
judicially decreed upon joint petition of the spouses, they
agree to the revival of the former property regime
NOTES:
1. In case of revival of former property regime based on termination
/ cessation of the grounds upon which the judicial separation of
property was decreed, the parties may again resort to judicial
separation once there are grounds again to initiate the same

2. In case of revival of the former property regime which was

judicially decreed separated based on voluntary petition, another
voluntary separation is not allowed
B) By filing a motion for revival in the court which decreed
legal separation
- involves revival of the former and adoption of new property
regime
Regime of Separation of Property Stipulated in a
Marriage Settlement

Separation of property may refer to:

 Present or future property or both

 Total or partial. If partial, the property not agreed upon as separate shall
pertain to the absolute community
 Rights and obligations of spouses under Separation of Property Regime)

1. Rights
- own, dispose, possess, administer, enjoy his/her separate property, without
need of consent of the other
- own the earning of profession, business, or industry and all fruits received/due
during the marriage from separate property
2. Obligations
a. both spouses shall bear the family expenses in proportion to
their income or in case of insufficiency or default, to the market
value of their separate property
b. Solidarily liable to creditors for family expenses.
Property Regimes of Union Without Marriage

 Article 147

a. Man and a woman with capacity to marry live exclusively as husband and
wife (common law marriage)

b. Man and woman with capacity to marry live as husband and wife under a
void marriage:
(1) Article 36 (psychological incapacity)
(2) Article 4 (absence of essential requisite of consent, and absence of formal
requirements of authority of solemnizing officer, marriage license, and
marriage ceremony.
(3) Article 53 (void subsequent marriage for failure to
comply with liquidation requirement)
NOTE:

 For purpose of Article 147 and Article 140, capacity to marry refers only to:

(1) Age
(2) Relationship (incestuous; public policy)
(3) Status (single)
QUERY:
 What property regime governs the property relation between the spouses in a void
marriage ?

Answer: It depends on the cause:

i. If marriage is void under Article 40 (failure to comply with prior declaration of nullity
of a previous marriage), the property regime is either absolute community or conjugal
partnership of gains, when separation is agreed upon in marriage settlement (Article
50, in relation to Article 43; Antonio Valdez vs. RTC of Quezon City, G.R.
No.122749, 31 July 1996; Alain Diño vs. Ma. Caridad Diño, G.R. No.178044, 19
January 2011; Juan Salas vs. Eden Aguila, G.R. No.202370, 23 September 2013;
Marrieta Barrido vs. Leonardo Nonato, G.R. No.176492, 20 October 2014)
 But see Susan Nicdao-Carino vs. Susan Yee-Carino,
G.R. No.132529, 2 February 2001; and Eric Yu vs. Hon.
Reyes-Carpio, G.R. No.189207, 15 June 2011)
ii. If void on any other ground, it is governed by the ordinary rules
on co-ownership either under Article 147 and Article 148, as the
case may be (Antonio Valdez vs. RTC of Quezon City, G.R.
No.122749, 31 July 1996; Alain Diño vs. Ma. Caridad Diño,
G.R. No.178044, 19 January 2011; Juan Salas vs. Eden Aguila,
G.R. No.202370, 23 September 2013; Marrieta Barrido vs.
Leonardo Nonato, G.R. No.176492, 20 October 2014)
QUERY:
 What is the rule/procedure that governs the liquidation of the properties in a
void marriage?
Answer: It depends:
i. If based on Article 40 – liquidation is governed by Article 50, 51, 52, in
relation to Article 43 and Section 19 (1) of the rules governing
nullity/annulment of marriage, where property regime is either ACP or CGP
(Article 103 and Article 130).
 Hence, decree of nullity may be issued only upon
compliance with the liquidation, partition, distribution,
and delivery of presumptive legitimes requirements under
Article 50, 51, and Article 43, without which no decree of
nullity may be issued
ii. If based on other grounds – liquidation is governed by ordinary rules of
co-ownership under either Article 147 or Article 148.
 Thus, under Article 496, “partition may be made by agreement between
the parties or by judicial proceedings.” It is not necessary to liquidate the
properties of the spouses in the same proceeding for declaration of nullity
of marriage. Section 19 (1) of the rules does not apply (Antonio Valdez
vs. RTC of Quezon City, G.R. No.122749, 31 July 1996; Alain Diño vs.
Ma. Caridad Diño, G.R. No.178044, 19 January 2011; Juan Salas vs.
Eden Aguila, G.R. No.202370, 23 September 2013; Marrieta Barrido
vs. Leonardo Nonato, G.R. No.176492, 20 October 2014).
 Structure of Property Relations under Article 147
1. Salaries and wages shall be owned by them in equal shares, even if earned by
one alone
2. Property acquired by either of the parties exclusively by his or her own funds
belongs to such party provided there is proof of acquisition by exclusive funds
3. Property acquired by both through their work or industry shall be governed by
the rule on co-ownership. Consequently, either spouse may alienate in favor of the
other his/her share under Article 493.
4. Property acquired is presumed to have been obtained by their joint efforts or
works or industry and shall be owned by them in equal shares. Actual
participation is not required, efforts consisted in the care and maintenance of
the family and of the household is enough (Elna Mercado-Fehr vs Brundo
Fehr, G.R. No.152716, 23 October 2003)

5. The fruits of the couple’s separate property are not included in the co-
ownership (Antonio Valdez vs RTC of Quezon City, G.R. No.122749, 31 July
1996)
6. Neither can encumber or dispose by acts intervivos his share in the property
acquired during cohabitation and owned in common, without the consent of the
other until after the termination of cohabitation, but either spouse may alienate in
favor of the other his share in the property co-owned
7. When only one of the parties to a void marriage is in good faith, the share of the
one in bad faith is forfeited in favor of:
i. their common children/descendants
ii. respective surviving descendants
iii. Innocent spouse
 The liquidation of properties under Article 147 is in accordance
with the rules on co-ownership, and not under Articles 50, 51, 52,
102, and 129. Hence, the rule on liquidation of conjugal dwelling
does not apply; it must be divided between the couple, under
Article 496
 Compare with Article 43 (2)
1. Article 43 (2) – applies to Article 45 and 40
2. Forfeiture in 43 (2) is limited to net profits; while in
Article 147 – all shares are forfeited
3. Orders of forfeiture are different.
In Art 43 (2) – common children, children of guilty
spouse by former marriage, innocent spouse
In Art 147 – common children/descendants, respective
descendants, innocent spouse
Article 148

 Persons without capacity to marry live together as husband and wife

 Persons without capacity to marry live exclusively as husband and wife under a
void marriage, such as:
1. Article 41 (bigamous subsequent marriage)
2. Article 37 (incestuous marriage)
3. Article 38 (public policy)
4. Article 4 (age, bigamous)
5. Article 44 (Celerina Santos vs. Ricardo Santos, G.R. No.187061, 08 October
2014)
6. Multiple alliances
QUERY:
 Does same-sex marriage fall under Article 148?

ANSWER:
 Same-sex marriage is covered by Article 148, since
Article 148 applies to unions other than those falling
under Article 147 (Katrina Legarda)
 Same-sex marriage is not covered by Article 148. Article
148 is intended to apply only to unions between a man
and woman, as expressly provided for under Article 147
(Elmer Rabuya, citing Rosario Victoria and Elma
Pidlaon vs. Normita Jacob Pidlaon and Eufemia
Pidlaon, G.R. No.196470, 20 April 2016).
 Structure of the Property Regime under Article 148
1. The salaries and wages are separately owned and if any of the spouses is married,
his or her salary is the property of the absolute community or conjugal partnership
of gains of such legitimate marriage.
2. Property solely acquired by funds of each party is exclusive
3. Only the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in common in
proportion to their actual contribution. Presumption is equal.
4. 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 partnership of gains existing
in the previous marriage (Procopio Villanueva vs. Court of Appeals, G.R.
No.143286, 14 April 2004)
5. If the party who acted in bad faith is not validly married, his sharer shall be
forfeited in favor of:
i. Common children/descendants
ii. Respective descendants
iii. Innocent spouse
 Ifboth acted in bad faith, the same rule applies, except that since
there is no innocent spouse, no forfeiture takes place in the
absence of common children or respective descendants
NOTES:
 If one of the parties is validly married, his/her share in the
co-ownership belongs to either ACP or CPG of the
existing marriage.
 The rule contemplates properties acquired during
cohabitation.