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Article 147 Article 148

This article applies to: This article applies to:

1) A man and a woman, (1) without legal 1) A cohabitation of a man and a woman not
impediment, who (2) live exclusively as falling under Article 147.
husband and wife but are not married.
2) A man and woman (1) living exclusively
2) A man a woman (1) live exclusively as as husband and wife; and (2) under a void
husband and wife; and (2) under a void marriage (absence of essential requisites
marriage (absence of formal requisites and and Article 37 & 38).
Article 36).
3) A man and a woman (1) living exclusively
as husband and wife and (2) are under a
bigamous marriage.

The co-ownership includes:

1) Wages and salaries earned during the union;


2) Properties acquired during the union through their work and industry.

The co-ownership excludes:

1) Fruits of exclusive property;


2) Properties acquired by gratuitous title;

SIMILARITES

Both articles require cohabitation.

These two articles are governed by the rules on co-ownership under the NCC.

These two articles have the same rules on forfeiture.

DIFFERENCES

There is no legal impediment. There is legal impediment.

The wages and salaries are owned in


common shares.
There must be actual joint contribution to
Properties acquired during the cohabitation
participate in the sharing.
are presumed to have been acquired in
proportion.

The care and maintenance of the properties The care and maintainance of properties are
are considered contribution not considered contribution.
.
The acquisition of properties is presumed to It is only the equality in the contribution is
be of joint efforts. presumed.

Proof of actual contribution is not necessary If there is no proof of contribution there is no


if property is acquired during cohabitation. co-ownership; therefore, there is no
presumption of equal shares.