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Article 147

Article 148
Applicability

1. No legal impediment to marry;

2. Void marriage on the ground of
psychological incapacity.
Presence of legal impediment:

1. Adulterous relationships

2. Bigamous/polygamous marriages

3. Incestuous void marriages under Art
37

4. Void marriages by reason of public
policy (Art. 38)
Salaries & wages
Owned in equal shares Separately owned by the parties. If any is
married, his/her salary pertains to the
CPG of the legitimate marriage.
Property exclusively acquired
Belongs to party upon proof of
acquisition through exclusive funds
Belongs to such party
Property acquired by both through their work or industry
Governed by rules of co-ownership
Owned in common in proportion to their
respective contributions
Presumption
Property acquired while living together
presumed obtained by their joint efforts,
work or industry and owned by them in
equal shares.
If one party did not participate in
acquisition: presumed to have
contributed through care and
maintenance of family and household.
No presumption of joint acquisition.
Actual joint contribution of money,
property or industry shall be owned by
them in common proportion.
However, their contributions are
presumed equal, in the absence of proof
to the contrary
Forfeiture
When only one is in GF, share of party in
BF in the co-ownership be forfeited in
favor of:

1. their common children

2. innocent party in default of / waiver
by any/all common children, or by their
descendants
If one of the parties is validly married to
another, his/her share in the co-
ownership shall accrue to the ACP or
CPG existing in the marriage.
If the party who acted in BF is not validly
married to another or if both parties are
in BF, such share be forfeited in manner
provided in last par of Art. 147
Proof of actual contribution
Not necessary Necessary

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