Two kinds of Divorces
1. Absolute: marriage is dissolved
2. Relative or Legal Separation: marriage is not dissolved
Rules for Absolute Divorce TODAY both under the Civil Code
and the Family Code
1. If the action is brought Here in the Philippines
a. Between Filipinos: will not prosper
b. Between Foreigners: will not prosper
c. Between a Filipino and a foreigner: will not
prosper
2. If the action is brought in a Foreign Court
a. Between Filipinos: will not be recognized here
b. Between Foreigners: Will be recognized here
only for two conditions:
i. Foreign court has jurisdiction to grant
the absolute divorce
ii. Said divorce is recognized as valid by
the personal law of the parties involved
c. Between a Filipino and a foreigner: If obtained
by the foreigner and valid according to his
personal law – valid for both foreigner and
Filipino
Legal Separation vs Separation of Property
Legal Separation Separation of Property
Must be done through the Prior to marriage 
court marriage settlement
During existence of
marriage  must be done
through courts
Always involves separation May exist with or without
of property legal separation
May be considered as a May be considered as one
cause of separation of of the effects of legal
property separation
The spouses persons are Spouses persons are not
necessarily separated necessarily separated
ARTICLE 55: GROUNDS FOR LEGAL SEPARATION
1) Repeated physical violence or grossly abusive conduct
against the petitioner, a common child, or a child of the
petitioner
2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner to
engage in prostitution, or connivance in such corruption
or inducement
4) Final judgment sentencing the respondent to
imprisonment more than 6 years even if pardoned
5) Drug addiction or habitual alcoholism of the respondent
6) Contracting by the respondent of a subsequent bigamous
marriage, where in the Philippines or abroad
7) Sexual infidelity or perversion
8) Attempt by the respondent against the life of the
petitioner
9) Abandonment of petitioner by respondent without
justifiable cause for more than one year
 Child: child by nature or by adoption
 Mere preponderance of evidence will suffice except in
No. 4  previous criminal conviction is essential
 Sexual infidelity includes adultery or concubinage
 If a wife sues for legal separation on the ground of
concubinage, and during the pendency of the said suit,
she files a criminal charge for concubinage, the civil
action should be suspended until after the final judgment
is rendered in the criminal case.
 A decree of legal separation may issue upon proof of
preponderance of evidence in action
o No criminal proceedings or conviction is
necessary
ARTICLE 56: PETITION FOR LEGAL SEPARATION SHALL BE
DENIED ON ANY OF THE FOLLOWING GROUNDS:
1) Aggrieved party has condoned the offense or act
complained of.
2) Aggrieved party has consented to the commission of the
offense
3) There is connivance between the parties in the
commission of the offense or act constituting the ground
for legal separation
4) Both parties have given ground for legal separation
5) There is collusion between the parties to obtain the
decree of legal separation
6) Action is barred by prescription
Condonation
 Forgiveness, express or implied
 Sleeping together after full knowledge of the offense
 Comes after not before the offense
 Condonation of one act does not necessarily imply
condonation of the others.
 Wife left conjugal home. Husband did not actively search
for her  not condonation
Consent
 May be expressed or implied
 When one did nothing to interfere with the relations of
his wife or husband and the latter’s paramour.
 A husband and wife entered into a mutual agreement
whereby each could live with other.
o Null and void for it is contrary to the law and
morals
 Consent is prior to the act; condonation comes after.
 If the purpose is to merely catch the wife, this is not
consent (entrapment)
Mutual Guilt
 There is no offended spouse
Collusion
 An agreement whereby one will pretend to have
committed the ground relied upon
Effect of death during pendency: dismissed
ARTICLE 57: PRESCRIPTION FOR LEGAL SEPARATION: 5 years
from the time of the occurrence of the cause
 Non-necessity of alleging prescription
o Court by itself can take cognizance of
prescription of the case
ARTICLE 58: ACTION FOR LEGAL SEPARATION SHALL IN NO
CASE BE TRIED BEFORE 6 MONTHS SHALL HAVE ELAPSED
SINCE THE FILING OF THE PETITION
 Purpose of the 6 months: enable the parties to cool-off
for possible reconciliation
 During the period, support pendente lite may be granted
if justified.
 Inapplicable to RA 9262
ARTCICLE 59: No legal separation may be decreed unless the
court has taken steps toward the reconciliation of the
spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable
ARTICLE 60: No decree of legal separation shall be based
upon a stipulation of facts or a confession of judgment.
The court shall order the prosecuting attorney assigned to it
to take steps to prevent collusion between the parties and
to take care that evidence is not fabricated or suppressed.
 Law requires proof, not a mere stipulation of facts or a
confession of judgment.
 Proof may be either direct or circumstantial evidence.
 Case may prosper even if the defendant does not appear.
 Decree  premised not only on the confession but most
importantly on the strength of the evidence
 What the law prohibits is a judgment based exclusively or
mainly on the confession of judgment.
 Does not exclude as evidence admission or confession
made by the defendant outside the court.
 Reflects public policy on marriages
 Mandatory tenor
ARTICLE 61: After filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other.
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court.
 Spouses can live separately but they are not required to
do so.
 A third person may manage the property regime.
ARTICLE 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply to
the support of the spouses and the custody and support of
the common children.
ARTICLE 63: EFFECTS OF LEGAL SEPARATION
1) The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2) The absolute community or the conjugal partnership
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);
3) The custody of the minor children shall be awarded to
the innocent spouse, subject to the provisions of Article
213 of this Code
4) The offending spouse shall be disqualified from inheriting
from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked
by operation of law.
 Effects after the grant of a decree of legal separation
 Continued Existence of the Marriage
o Neither party can have a paramour
o Married couple cannot insist on sexual
intercourse with each other
o Even if the wife be the one guilty, she may
continue using her maiden name.
 Custody of the minor children: innocent spouse
(generally)
 Disqualification from testate and intestate succession:
guilty spouse (generally)
 The dissolution and liquidation of the conjugal
partnership upon issuance of the decree of legal
separation shall be automatic.
ARTICLE 64: After the finality of the decree of legal
separation, the innocent spouse may revoke the donations
made by him or by her in favor of the offending spouse, as
well as the designation of the latter as beneficiary in any
insurance policy, even if such designation be stipulated as
irrevocable. The revocation of the donations shall be
recorded in the registries of property in the places where the
properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint
for revocation in the registries of property shall be respected.
The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
notification thereof to the insured.
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
separation become final.
ARTICLE 65: If the spouses should reconcile, a corresponding
joint manifestation under oath duly signed by them shall be
filed with the court in the same proceeding for legal
separation.
ARTICLE 66: The reconciliation referred to in the preceding
Articles shall have the following consequences:
1) The legal separation proceedings, if still pending, shall
thereby be terminated at whatever stage; and
2) The final decree of legal separation shall be set aside, but
the separation of property and any forfeiture of the
share of the guilty spouse already effected shall subsist,
unless the spouses agree to revive their former property
regime.
The court's order containing the foregoing shall be recorded
in the proper civil registries.
 GR: Forfeiture of the guilty spouse remains
 Exception: when the parties agree to revive the former
property regime
ARTICLE 67: The agreement to revive the former property
regime referred to in the preceding Article shall be executed
under oath and shall specify:
1) The properties to be contributed anew to the restored
regime;
2) Those to be retained as separated properties of each
spouse; and
3) The names of all their known creditors, their addresses
and the amounts owing to each.
The agreement of revival and the motion for its approval shall
be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors
named therein. After due hearing, the court shall, in its order,
take measure to protect the interest of creditors and such
order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties to
satisfy the creditor's claim.
 Protection given to the creditors
 Creditors who were not notified or not listed in the order
shall not be prejudiced.
TITLE III: RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
AND WIFE
ARTICLE 68: The husband and wife are obligated to (1) live
together, (2) observe mutual love, respect and fidelity, and
(3) render mutual help and support.
1) Live Together
 Cohabitation or consortium
 Wife may establish a separate residence or domicile in
the following cases:
o Husband continually indulges in illicit relations
with others even if the concubine or concubines
are not brought into the marital abode
o If the husband is immoderate or barbaric in his
demands for sexual intercourse.
o If the husband grossly insults her
o If the husband maltreats her
o Driven out of their home by her husband
o Husband continually gambles, refuses to
support the family
o Husband insists on their living together with his
own parents
 If wife refuses to live with her husband unjustifiably, the
court will admonish but not order her to return.
o Only remedy: refuse to grand support
 Damages are recoverable from a stranger if he:
o Injures the wife and deprives the husband of
consortium
o Tries to interfere with the domestic home life of
the spouses
2) Observe Mutual Love, Respect and Fidelity
 Instead of obedience  mutual respect
3) Render Mutual Help and Support
 Mutual help: include the right to defend the life and
honor of the other spouse
 Mutual support: medical attendance for the sick spouse
even if the doctor was called by another person
 Mutual help: moral assistance
Some other Consequences of marriage
 Marriage emancipates a person from parental authority.
As to property, there is an incomplete emancipation
 Marriage Privilege Rule: A husband cannot be examined
for against his wife without her consent; nor a wife for or
against her husband without his consent, except in a civil
case by one against the other, or in a criminal case for a
crime committed by one against the other
 Marital Communication Rule: husband or wife during the
marriage or afterwards, cannot be examined without the
consent of the other as to any communication received
in confidence from the other during the marriage
 A wife should use the husband’s surname.
 A surviving spouse is neither a compulsory nor an
intestate heir of his or her parent-in-law.
 Abandonment: neglect and refusal to perform the filial
and legal obligation of love and support.
 Immorality: include not only sexual matters
ARTICLE 69: FAMILY DOMICILE
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.
Instances wife is justified to leave husband and thereby
select her own domicile or residence
- If the husband lives a vagabond having no fixed home
 Misunderstanding with the in-laws was not a sufficient
moral or legal obstacle to her living with the husband
against whom the action for support is directed.
ARTICLE 70: SPOUSES ARE JOINTLY RESPONSIBLE FOR THE
SUPPORT OF THE FAMILY
Sources of expenses for support and conjugal obligations:
1) Community property
2) Income or fruits of their separate properties
3) Their separate properties
ARTICLE 71: Management of the household  right and
duty of both spouses
 Shall be paid in accordance with the provisions of Article
70
ARTICLE 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.
ARTICLE 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;
(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 community
property. If the benefit thereafter, 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
If wife engages in business, what property will be liable?
 If husband consented  all properties will be liable
 If no express or implied consent  only the community
and the separate properties of the wife will be held liable
(not the separate properties of the husband)
Family Code vis-à-vis Corporation Code
Corporation Code Family Code
Presumption: A married Art. 73: to exercise an
woman who acts as an ordinary occupation, Family
incorporator binds conjugal Code presupposes that she
funds and since it is the is no longer needs the
husband who consent of her husband.
presumptively is the
administrator of the As incorporator, if the
conjugal funds, his consent money she uses will be
is necessary community or conjugal
(exemption: widow, one funds, the husband is
who is using her required to give consent.
paraphernal funds, or one
who is no longer under the If the money is her
“marital care” of the exclusive or separate
husband) property, no need for
consent of husband
Assumption: both husband and wife owned shares of stock
before they got married
If they failed to agree on what property regime to adopt,
CO-OWNERSHIP will automatically have to be the case
Proof of consent to vote such shares even if the share
appear in the name of one spouse alone: logical
consequence of holding their shares a community property
In case of judgment of annulment:
Art 52 of Family Code: partition and distribution of
properties  taken in conjunction with Sec 63 of the
Corporation Code (certificate of stock and transfer shares
Any transfer of the shares to one or the other spouse must
be registered in the books of corporation
Art 51: in case of annulment, presumptive legitimes of all
common children shall be delivered in cash, property or
sound securities
Sec 63: whole or part of the presumptive legitimes of the
children must be complied with; refers not only to the
proper recording in the registry of property but also the
indorsement of the stock certificates, the cancellation of
old certificates, and the issuance of new ones.
Second Paragraph of Article 73
- Not applicable where one spouse consents to the other
engaging in business for in such case, there is no
disagreement.
 Whatever profits are earned by the wife from her
business go to the conjugal partnership. It would only be
just and equitable that the obligations contracted by the
wife in connection with her business may also be
chargeable not only against her paraphernal property but
also against the conjugal property of the spouse.
TITLE IV: PROPERTY RELATIONS BETWEEN HUSBAND AND
WIFE
ARTICLE 74: The property relations between husband and
wife shall be governed in the following order:
1) Marriage settlements executed before the marriage:
contract entered into by future spouses fixing the
matrimonial property regime that should govern during
the existence of the marriage
2) Provisions of the Family Code
3) Local custom
ARTICLE 75: Marriage settlements (regime of absolute
community, conjugal partnership of gains, complete
separation of property or any other regime)
 Absence of marriage settlement or when the regime
agreed upon is void  system of absolute community of
property (established in this Code)
Regimes
- Absolute community regime: almost everything is owned
in common
- Relative community regime or the conjugal partnership
of gains: everything earned during marriage belongs to
the conjugal partnership
- Complete or absolute separation: each owns his earnings
 Marriage settlement is a contract  must not be
contrary to law, good morals, good customs, public
order, and public policy
o Must not be derogatory to the dignity or
authority of the husband and wife
Requisites for a Marriage Settlement
1) Must be made before the celebration of the marriage
and even modification must also be made before the
wedding
a. Except: Conversion into the complete separation
of property regime, which would be allowed,
provided that there is judicial approval and no
prejudice to creditors
2) Must not contain provisions contrary to law, good
morals, good customs, public order, and public policy or
against the dignity of either spouse
3) Must generally confine itself only to property relations
4) Must be in writing: shall not prejudice third persons
5) If made by minors, their parents must consent by signing
also
a. Other incompetents such as civil interdiction 
guardians must consent and also sign
ARTICLE 76: Modification in the marriage settlements  to
be valid, shall be made before the celebration of marriage
 Subject to the provisions of:
o Articles 66: consequences of reconciliation of
the spouse in legal separation
o 67: conditions for revival of the former property
regime in legal separation
o 128: petition for sole administratorship of the
conjugal partnership in case of abandonment by
a spouse or failure to comply with his or her
obligations to the family
 o 135: grounds for judicial separation of property
o 136: joint petition of spouses for dissolution of
property regime governing their relations
ARTICLE 77: Requisites of a marriage settlement
1) In writing
2) Signed by the parties thereto
3) Executed before the celebration of the marriage
4) Marriage must be celebrated
5) Duly registered in the civil registry and registry of
property in order to bind third persons
ARTICLE 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 of Title IX of this Code.
ARTICLE 79: For the validity of any marriage settlement
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.
ARTICLE 80: In the absence of a contrary stipulation in a
marriage settlement, the property relations of the spouses
shall be governed by Philippine laws, regardless of the place
of the celebration of the marriage and their residence.
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; and
(3) With respect to the extrinsic validity of contracts entered
into in the Philippines but affecting property situated in a
foreign country whose laws require different formalities for
its extrinsic validity.
ARTICLE 81: Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration 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
marriages shall be valid.
Example of the Exception
- Forthcoming marriage: future husband donated a house
to his future wife. Wife accepted the donation. Future
wife dies.
o Donation of the house is not automatically
rendered inoperative. A donation is merely
revocable (valid unless revoked by the parties
concerned).
Rule if a child is recognized in the marriage settlement
- Child = major age  recognition is valid provided that
the child gave his consent even if no judicial approval
- Child = minor age  minor need not consent; judicial
approval is needed
o If no judicial approval  recognition of the
minor is not valid but voidable
ARTICLE 82: Donations by reason of marriage are those
which are made before its celebration, in consideration of
the same, and in favor of one or both of the future spouses.
 Donations propter nuptias: wedding gifts but not all
wedding gifts are donations propter nuptias for these
gifts may come after the celebration of the marriage
Requisites for a valid donation propter nuptias:
1) Must made before the celebration of the marriage
2) Must be made in consideration of the same
3) Must be made in favor of one or both of the future
spouses
 A man prior to his marriage, made a donation in a public
instrument, in favor of his future wife, with the condition
that should she die before him, and there be no children,
½ of the properties donated shall be given to the naturel
guardians of his wife. The wife died.
o The natural guardians cannot get said share: not
a donation propter nuptias
 Was not given to one of the spouses
o Not a donation inter vivos for there was no
acceptance on the part of said natural guardians
o Not a donation motis causa because the deed of
donation did not have the formalities of a will
aside from the fact that the donor is still alive
ARTICLE 83: These donations are governed by the rules on
ordinary donations established in Title III of Book III of
the Civil Code, insofar as they are not modified by the
following articles.
ARTICLE 84: If the future spouses agree upon a regime other
than the absolute community of property, they cannot
donate to each other in their marriage settlements more
than one-fifth of their present property. Any excess shall be
considered void.
Donations of future property shall be governed by the
provisions on testamentary succession and the formalities of
wills.
 Donated each other ¼ of their respective properties
o If absolute community  no reduction
o Otherwise, donations will be reduced to 1/5
ARTICLE 85: Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of foreclosure
of the encumbrance and the property is sold for less than
the total amount of the obligation secured, the donee shall
not be liable for the deficiency. If the property is sold for
more than the total amount of said obligation, the donee
shall be entitled to the excess.
ARTICLE 86: A donation by reason of marriage may be
revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially declared void
ab initio except donations made in the marriage settlements,
which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the
parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee acted in
bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is
complied with;
(6) When the donee has committed an act of ingratitude as
specified by the provisions of the Civil Code on donations in
general.
Scope: donation propter nuptias
 If the marriage is not celebrated, donation would be
considered revocable merely, not automatically revoked.
 Donation will still be revocable  if no action is brought
to declare the marriage void, and the donation revoked,
the donation would remain valid.
 Annulment of marriage and the done acted in good faith
 donation shall remain valid even if an action to revoke
the same had been brought because said action would
fail.
ARTICLE 87: Every donation or grant of gratuitous advantage,
direct or indirect, between the spouses during the marriage
shall be void, except moderate gifts which the spouses may
give each other on the occasion of any family rejoicing. The
prohibition shall also apply to persons living together as
husband and wife without a valid marriage.
Coverage:
- Lawfully married spouses
- Common-law spouses
 What is moderate depends on the financial statues of the
people concerned.
Reasons
- To protect creditors
- To prevent the weaker spouse from being influenced by
the stronger spouse
- To prevent an indirect violation of the rule prohibiting
modifications of the marriage settlement during the
existence of the marriage
 Does not apply to a husband’s life insurance where the
wife is the beneficiary  not a donation
 Not everybody can assail its validity. Only those
prejudiced by the transfer may take advantage of the fact
that the donation is void.