PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
The MS must be registered in the local civil registry
Art. 74 Property Relations between husband and wife shall be
governed by the ff:
1. By MS executed before marriage;
2. By the provisions of this Code; and
3. By the local customs
• By marriage settlement is meant the contract entered into a
man and a woman who intend or plan to get married fixing the
property regime that will govern their present and future
properties during marriage.
• Requisites for MS
1. Must be made before the marriage and even modification
must also be made before the wedding except conversion
into the complete separation of property regime, which
would be allowed provided that there is a 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 in order for the marriage to be binding. It
need not be in public instrument even if it involves real
properties. The requirement that it be in public instrument
recording under Art. 77 is only for the purpose of affecting
3rd persons.
5. If made by minors, their parents must consent by signing
also; if by other incompetents; such as those under civil
interdiction, the guardian must consent and also sign.
Art. 75 Property Regime that may be agreed upon in MS
1. AC
2. CP of gains
3. CS of property
4. Combination of the above regimes
5. Any other regime; i.e. dowry system.
• Whatever be the regime agreed upon, it must however, not be
contrary to law, morals, good customs, public order, or public
policy
• MS can govern any regime. But once chosen, all properties are
included in the regime and the parties cannot exclude specific
properties.
• To eliminate doubt, parties must identify the specific properties
in their MS by their titles.
• AC will apply if:
1. The parties did not enter a MS
2. If the regime agreed upon is void.
• If some provisions of the MS are void and some are valid, the
nullity of the void provisions will not nullify the valid ones,
provided the latter can stand by themselves.
Art. 76. Modification of MS
• To be valid, any modification in the MS must be made before
the marriage.
• The only exception is judicial separation of property during the
marriage under Arts. 66 (reconciliation of the spouses), 67
(revival of the former property regime), 128 (abandonment of
the spouse), 135 (judicial separation) and 136 (voluntary
dissolution of AC/CP) of the Code.
• Any extra-judicial agreement between the spouses separating
their properties is void.
Art. 77 FORM of MS
1. Must be in writing (may be private or public instrument);
2. Must be signed by the parties;
3. Must be executed before the marriage;
4. If a party executing the settlement needed parental
consent for the marriage, the parent or guardian whose
consent to the marriage is needed must be made a party
to the agreement;
5. If a party executing the settlement is under civil
interdiction or any other disability (like deaf-mute,
mutism, prodigality, etc. but not insanity), the guardian
appointed by the court must be a party to the MS.
In order to affect 3rd persons
1. All the above requirements as between the parties;
2.
where the marriage contract is not recorded as well as in
the proper registries of property. Hence, a private
instruments will not suffice. The agreement must be in a
public document, or the same cannot be registered
3. MS affects 3rd persons. Hence, they should know what
property regime governs the property relations of the
spouses. IF the MS is not registered, it will not affect
prejudice third persons, and the absolute community
regime will apply.
DOCTRINE OF MUTABILITY – when the law of the country is
changed, the regime affecting property relations is also
changed, except that vested rights should not prejudiced.
DOCTRINE OF IMMUTABILITY – If there is change in the
nationality of the contradicting parties after the marriage, the
property relations that should govern them is not changed.
Regardless of the change in nationality of one spouse or both,
the original regime at the time of marriage shall govern their
property relations.
Art. 78. No longer applicable (RA 6809)
Art. 79. Additional Requirement in MS for civil interdictee:
- It is indispensable to the guardian appointed by the
court to represent the civil interdictee.
- If not the guardian does not sign as a party, the MS
is void.
- The article does not include insane persons.
Art. 80 Rule on MS with regard to Filipino/American spouses.
- Provides that Philippine laws shall govern the
property relations of the spouses (Filipino spouses or
Filipino-alien spouses) wherever they reside or
regardless of the place of celebration of their
marriage or the place where their properties are
located
- Art 80(1): National law will apply
- Art 80(2):Extrinsic validity of the contract will be
governed by the lex situs or the law of the country
where the property is situated.
- Art. 80(3): The lex situs applies in this case
- In Fil-American marriages:
a. If husband is Filipino, Phil. Law will apply
b. If wife is Filipino, the nat’l law of the husband
shall apply.
Assumption: The husband is the administrator of the property,
therefore his national law shall apply to these cases.
National theory applies whether:
1. They were married in the Philippines or abroad;
2. They reside in the Philippines or abroad;
3. Their properties are located in the Philippines or abroad
Exceptions to the Application of Philippine Laws where there is
Conflict of Laws:
Philippine laws will not apply in the ff. cases:
1. Where both spouses are aliens. (Nat’l Law will apply)
2. With respect to the extrinsic validity of contracts over
properties located abroad and executed in the country
where the property is located. ( The extrinsic validity of
the contract will be governed by the lex situs or the law
of the country where the property is situated)
3. With respect to the extrinsic validity of contracts over
properties located abroad, even if the contract is entered
into the Philippines, in cases where the laws of the
countries where the properties are located require
different formalities for their extrinsic validity. ( The Lex
situs applies in these cases.)
Art. 81 Voiding MS
- Everything stipulated in MS shall be void if the
marriage does not take place.
- However if the stipulations that do not depend upon
the celebration of the marriage shall be valid.
- Reason : MS is an accessory contract dependent for
its existence on the intended marriage of the
parties. If such marriage does not take place, the MS
will become void and ineffective, excpt stipulations
therein that do not depend upon the celebration of
the marriage for their validity.
 - Donations propter nuptias are also rendered void if - In case of forclosure of the encumbrance and the
the marriage does not take place. property is sold for less than the amount of the
obligation secured, the done shall not be liable for
the deficiency.
- If the property is sold for more than the total amount
of the obligation, the done shall be entitled to the
excess.

Art. 86 Revocation of donation PN

DONATIONS BY REASON OF MARRIAGE

Art. 82 Requisites of Donations Propter Nuptias:

1. Must be made before the celebration of the marriage;
2. Must be made in consideration of the marriage;
3. Must be made in favor of one or both of the future
spouse
4. Observance of formalities required by law.
Donation propter nuptias: wedding gifts that are given prior to the
celebration of the marriage, but not all wedding gifts are donation
propter nuptias, for said wedding gifts may come after the
celebration of the marriage.
Formalities:
- Provisions of NCC Art. 1403 par. 2
- Requirement : public doc.
• Real property : public instrument;
• Personal property : if more than 5000, must be
in writing.
Donations PN Ordinary Donations
1. Does not require Express acceptance is
express acceptance necessary
2. May be made by Cannot be made by minors
minors
3. May include future Cannot include future property
property

4. If present property is No limit to donation of present

donated and property property provided legitimes
regime is not absolute are not impaired
community, limited to
1/5
5. Grounds for Grounds for revocation are
revocation under Art. found in law on donations
88

Art. 83 Forms of DN
- Follows those of ordinary donations, including oral
donations, as established in Title III of Book III of the
NCC on donations.
- Forms shall be regulated by the Statute of Frauds.

Art. 84 Limitation of Present property

1. Limitation does not apply if the property relations of the
future spouses will be governed by the system of
absolute community of property, since all the properties
of the parties (only with certain exceptions) will become
absolute community any way.
2. But if future spouses agree on a regime other than the
absolute community of property, they cannot donate to
each other in their marriage settlement more than 1/5 of
their present property. Any excess shall be considered
void.
Donations of Future Property Allowed:
1. While donations of future property are not allowed in
ordinary donations, they are allowed in donations PN.
2. Donations PN of future property shall, however, be
governed by the provisions on testamentary succession
and the formalities of wills. Hence they are revocable,
unlike donations of present properties in the marriage
settlement which cannot be revoked except if the
marriage does not take place. Since marriage
settlements cannot be revoked after marriage.

Art. 85 Donations by reason of marriage of Property subject to

encumbrance:
Subject to the ff. conditions: