TITLE III. RIGHTS AND OBLIGATIONS Art.

72 (Neglect of duty)
BETWEEN HUSBAND AND WIFE One spouse neglects his or her duties to the
conjugal union or commit acts which tend to bring
Art.68 (Duties and Obligations) 1. Danger
The husband and wife are obliged to: 2. Dishonor
1. Live together 3. Injury
2. Observe mutual love, respect and fidelity Aggrieved party may apply to the court for relief
3. Render mutual help and support 1. Receivership
Procreation is also an essential marital obligation 2. Nullity of marriage (Article 36)
considering that such obligation springs from the 3. Authority to be the sole administrator
universal principle that procreation of children 4. Legal separation
through sexual cooperation is the basic end of 5. Judicial separation of property
marriage.
NO COMPLUSION. Except for c), a court cannot Art.73 (Legitimate profession)
validly issue a decision compelling the spouses to Exercise any legitimate
a) and b). Only the moral obligation of the spouses 1. Profession
constitutes the motivating factor- highly personal. 2. Occupation
DAMAGES FOR FAILURE TO COMPLY WITH 3. Business
OBLIGATIONS. There can be no action for 4. Activity
damages merely because of a breach marital Without consent of the other
obligation. Objection:
If the property regime is separation of property, he 1. Valid
or she may be held liable under Articles 19,20, or 2. Serious
21 of the Civil Code. 3. Moral
CAN A HUSBAND COMMIT RAPE AGAINST HIS Disagreement- court
WIFE? A husband can be held liable for raping his Objection is proper
wife. The subsequent forgiveness by the wife as Benefit accrued to the family
the offended party shall extinguish the criminal Prior to objection- obligation against community
action or penalty except if the marriage is void ab property
initio. After- separate property of spouse who has not
obtained consent
Art.69 (Domicile) Shall not prejudice the rights of the creditors in
Husband and wife- fix domicile good faith
Disagreement- court
Court may exempt one spouse from living with the TITLE IV. PROPERTY RELATIONS BETWEEN
other if: HUSBAND AND WIFE
Latter should live abroad
Other valid and compelling reasons for the Chapter 1. General Provisions
exemption Art.74 (Order of Property relations)
Shall not apply if not compatible with the solidarity 1. Marriage settlements executed before the
of the family marriage
DOMICILE- Place of habitual residence; parties 2. Provisions of this code
intend to have their permanent residence; a minor 3. Local customs
follows the domicile of his parents
Art.75 (Choice of property regime)
Art.70 and 71 (Support and Management of the 1. Absolute community of property- no MS or
Family) void under FC
Support of the family- spouses jointly responsible exc. Subsequent marriage without any
Management of the household- right and duty of judicial or extrajudicial settlement of the
both spouse properties of previous marriage (terminated
Expenses and other conjugal obligations shall be by death)- CSP
paid from: 2. Conjugal partnership of gains- under CC
1. Community property 3. Complete separation of property
2. Income or fruits of their separate properties 4. Any other regime (Mixed- Up property)
3. Separate properties
Art.76 (Valid modification of MS)
Before celebration of the marriage
Subject to provisions of Art. 66,67,128,135,136
(judicial approval), (postmarriage)
Art.77 (Requisites of MS)
1. Writing
2. Signed by the parties
3. Before celebration
4. Marriage is Celebrated
5. Registered in local civil registry
6. Recorded in proper registries of property
Because of oneness, spouses cannot sell property
with each other except:
1. Judicial separation of property
2. Separation of property
Oral MS- void and not ratified
Art.78 (Minor contracting marriage)*
MS- Valid only if the persons designated in Article
14 give consent to marriage-parties to agreement,
subject to provisions of Title IX
Art.79 (Person sentenced with civil interdiction)
MS- Valid only if guardian made a party
Art.80(Philippine laws govern property
relations)
Regardless of place of marriage and their
residence
Except:
1. Both spouses are aliens
2. With respect to extrinsic validity of contracts
(not situated in Phil; executed in that
country)
3. With respect to extrinsic validity of contracts
(not situated in Phil; executed in Phil)
Art.81 (Effect on stipulations in MS if Marriage
does not take place)
Everything stipulated in consideration of future
marriage including donations between prospective
spouses-void
Stipulations not dependent- valid
Chapter 2. Donation by reason of marriage
Art.82 (Definition, donation propter nuptias)
1. Made before its celebration
2. In consideration of the same
3. In favor of one or both of the future spouses
Excluded:
1. After celebration
2. In favor of future spouses not in
consideration of marriage
3. Granted to other persons even though they
may be founded on the marriage
Art.83 (Governed by rules on ordinary
donations-Title III, Book III, Civil Code)
In so far as they are not modified by the following
articles
Personal property- oral with simultaneous delivery;
more than 5,000-writing
Real property- public instrument
Accepted by donee during the lifetime
Acceptance is made in a same deed of donation or
separate instruments but donor should be notified
Art.84 (Limit on donation of present property)
If other than ACP, cannot donate to each other in
their MS more than 1/5 of their present property;
excess- void
Future property- Testamentary succession and
formalities of will
Useless if ACP- spouse become co-owners of
property acquired before marriage (Except spouse
with leg. Descendant from prior marriage)
Valid propter nuptias
1. Valid marriage settlement
If other than ACP- Not be more than 1/5 of present
property
2. Must be accepted by the would-be spouse
3. Comply with the requisites in Title III, Book
III, Civil Code on donations
If not in MS- 1/5 limitation does not apply; Title III,
Book III, Civil Code will apply (inofficious donations)
Provided he reserves in full ownership or in
usufruct sufficient means for the support of himself
and all relatives who, at the time of the acceptance
of the donation, are by law entitled to be supported
by the donor.
Art.85 (Donations subject to encumbrance)
Valid, in case of foreclosure
Sold for less than the total amount of obligation-
donee not liable (donee cannot seek
reimbursement from the donor- pure liberality;
donee not a debtor with respect to principal
obligation incurred by the donor)
Sold for more- donee entitled to excess (entitled to
whatever value of the property which can be
obtained)
Art.86 (Revocation of donation)
May be revoked by donor
1. Marriage not celebrated or judicially
declared void ab initio, except donations in
MS (Art.81)
Except:
Subsequent void marriage- donee-party in bad faith
(Art. 40 to Art. 52 and 53)- Operation of law
Both parties are in bad faith in the subsequent
marriage after obtaining a judicial declaration of
presumptive death (Art. 41,44)- Operation of law
2. Without consent of the parents or guardian
(annullable- from the time the donor had
knowledge that the needed consent was not
obtained)
3. Annulled, donee in bad faith (Conflict with
Art 50)
Stat con: Latest provision will prevail being the
latest expression of the legislative will but:
Does not apply where the prior section or provision
is more in harmony with the general purpose or
intent of the act
Sta maria: Operation of Law (party in bad faith not
allowed to profit or gain; the guilty party may just
bargain with the innocent party that the former will
not oppose the annulment case for as long as the
donation given to him or her will not be revoked)
4. LS, donee is the guilty spouse
5. Resolutory condition- complied
6. Donee committed act of ingratitude
Civil code provides
1. Commit some offense against the person,
the honor or property of the donor, or of his
wife or children under his parental authority
2. Imputes to the donor any criminal offense,
or any act involving moral turpitude
3. Unduly refuses him support when the done
is legally or morally bound to give support to
the donor
Prescriptive period- FC and Title III, Book III, Civil
Code do not provide; Art 1149, Civil Code- 5 years
from the time the right of action accrues
If the donee does not want to return-
Movable property- 8 years
Immovable- 30 years
Art.87 (Donations between spouses)
Direct or indirect-prohibited
Except: Moderate gifts (depends on the financial
capacity of the donor) on occasion of any family
rejoicing
Apply also to: Persons cohabiting without the
benefit of marriage.
Civil Code: Indirect- voidable or annullable
Family Code: Void
RESERVA TRONCAL. Ascendant who inherits
from his descendant any property which the latter
may have acquired by gratuitous title form another
ascendant, or a brother or sister, is obliged to
reserve such property as he may have acquired by
operation of law for the benefit of relatives who are
within the third degree and who belong to the line
from which said property came. (to keep the
property within the same blood-line)
Chapter 3. System of Absolute Community
Section 1. General Provisions
Art.88 (Commencement of ACP)
Commencement- precise moment that the marriage
is celebrated
Any other time- void
In a partial separation of property- property not
agreed upon- ACP
ALIEN MARRIED TO FILIPINO. Alien cannot have
interest in the community property consisting of real
estate or land. (Conservation of national patrimony)
Art.89. (Waiver of rights)
No waiver of:
1. Rights
2. Interest
3. Shares
4. Effects
Except: Judicial separation of property
(Interest is merely inchoate or an expectancy prior
to liquidation)
If waiver takes place without a judicial separation of
property- void; contrary to law and public policy
(Art. 5, 6 of Civil Code)
Waiver upon judicial separation of property,
dissolution or annulment- public instrument- local
civil registry and proper registries of property
Creditors- petition the court to rescind the waiver to
the extent of the amount sufficient to cover the
amount of their credits
Art.90 (Co-ownership)
The provisions on co-ownership shall apply to the
absolute community of property between the
spouses in all matters not provided for in this
Chapter.
Section 2. What constitutes Community
property
Art.91 (Property acquired at the time of
celebration and thereafter- ACP)
Unless otherwise provided in this chapter or in the
marriage settlements (Art 1.- may fix the property
relations within the limits provided by FC)
Art.92 (Exclusive properties)
1. During marriage- gratuitous title- and fruits
as well as the income (valid)
exc. provided by the donor, testator, or grantor to
be ACP
2. Personal and exclusive use
exc. Jewelry- community property
Sta Maria: In terms of value
3. Before marriage- with legitimate descendant
by a former marriage- and fruits as well as
the income
Four exclusions- article 91- MS and article 92- 3
statutory provisions
Art.93 (Property acquired during marriage-
presumed ACP)
Section 3. Charges upon and obligations of the
absolute community
Art.94 (ACP liabilities)
1. Support
a. Spouses
b. Common children
c. Legitimate children of either spouse
Illegitimate children- Code on Support
2. Debts/obligations contracted during
marriage by:
a. Administrator-spouse for the benefit
of community
b. Both spouses
c. One spouse with the consent of the
other
d. Either spouse without the consent of
the other to the extent that the family
may have been benefited
3. Antenuptial debts- insofar as they have
redounded to the benefit of the family
4. Taxes, liens, charges, and expenses
a. Major and minor repairs- community
property
b. Preservation during marriage-
separate property used by the family
5. Commencement or completion of
professional or vocational course or other
activity for self-improvement
a. Expenses to Either spouse
b. Value of what is donated or
promised by both spouses in favor of
their common legitimate children
6. Expenses of litigation between unless the
suit is found to be groundless.
In case of absence or insufficiency of the exclusive
property, antenuptial debts other than under par. 7
(those did not redound to the benefit of the family),
support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a
crime or a quasi-delict
Considered advances- deducted from share upon
liquidation
If community property-insufficient, spouses
solidarily liable with their separate properties.
Art.95 (Winnings and losses in any game of
chance)
Losses- borne by the loser
Winnings- ACP
Whether permitted or prohibited by law
Section 4. Ownership, Administration,
Enjoyment and Disposition of the Community
Property
Art.96 (Administration and enjoyment)
Administration and enjoyment of the ACP- both
spouses jointly
Disagreement- Husband’s decision subject to
recourse to the court by the wife; within 5 years
from the date of the contract implementing such
decision
One spouse incapacitated or unable to participate-
other spouse may assume sole powers
Exc. Disposition or encumbrance exc. There is
authority of the court or written consent of other
spouse
In the absence- transaction- continuing offer
Perfected- acceptance of the other spouse or
authorization by the court before offer is withdrawn
by either or both offerors.
Art.97 (Disposition by will)
Either spouse may dispose by will of his or her
interest in the community property.
Provided, grant will not encroach on the lawful
legitimes of his compulsory heirs
Art.98 (Prohibition on donations of community
property)
No donation of community property- without the
consent of the other.
Moderate donations for charity or on occasions of
family rejoicing or family distress- even without
consent
Reason: Intended to protect the other spouse’s
share from the prodigality of a reckless or faithless
spouse.
Section 5. Dissolution of Absolute Community
Regime
Art.99 (Termination of ACP)
Termination of ACP does not mean termination of
marriage. Termination of marriage results in
dissolution of ACP.
1. Death of either spouse
Civil personality is extinguished (Art.42 of CC)-
same proceeding for the settlement of the estate of
the deceased
2. Decree of Legal separation
Offending spouse- no right to any share of the net
profits earned by ACP, forfeited in accordance with
Art.43 (2), Art. 63(2)
Common children
Children of the guilty spouse by a previous
marriage
Innocent spouse
Reconciliation- Art. 67
3. Marriage is Annulled or declared void
Final judgment in an annulment
Subsequent void marriage (Art 40)
Liquidation, partition, and distribution
Custody and support of common children
Delivery of presumptive legitime
Party in bad faith- forfeited in accordance with
Art.43(2)
Void marriage- Art. 147 or 148
4. Judicial separation of property during
marriage under Art.134-138.
*Liquidation after affidavit of reappearance
Art.100 (Separation in Fact)
Shall not affect the regime of ACP except:
1. No support- spouse who leaves the
conjugal home or refuses to live therein
without just cause
2. Court/judicial authorization- Consent of one
spouse to any transaction of the other
required by law
3. Solidary liability and administration of
separate property- spouse present be given
judicial authority over separate property of
the absent spouse to satisfy the latter’s
share
Art.101 (Abandonment without just cause and
failure to comply with the obligations)
Aggrieved spouse may petition the court for:
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of the
ACP
Obligations:
1. Martial
2. Parental
3. Property relations
Deemed abandoned- left the conjugal dwelling
without the intention of returning
3 months- prima facie presumed to have no
intention of returning
Section 6. Liquidation of the Absolute
Community Assets and Liabilities
Art.102 (Liquidation Procedure-ACP)
Occurs upon the happening of the events in Art. 99
Judicial separation of property- mere agreement
provided Court approves the same
1. Inventory listing- exclusive and ACP
2. Payment of ACP debts by ACP assets
Insufficiency- solidarily liable with their separate
properties
3. Delivery of net exclusive properties
4. Net remainder of ACP/net assets divided:
a. Equally
b. Different proportion as agreed in MS
c. Voluntary waiver- upon judicial
separation of property or after
dissolution or annulment; public
instrument
Net profits- FMV @ Dissolution less FMV @
Celebration of Marriage
Forfeiture
Annulment, legal separation, subsequent void
marriage (Art.40-52,53)- Art.43 (2) and Art. 63 (2)
Void marriages- Art. 147-148
5. Delivery of presumptive legitimes of
common children (Art. 51)
Voidable marriages (Art.45)
Subsequent void marriage (Art.40-52,53)
6. Conjugal dwelling and lot
Spouse with whom the majority of the common
children choose to remain
Children below 7- deemed to have chosen the
mother, unless the court decided otherwise
No majority- court; best interest of the children
Art.103 (Liquidation upon death)
Same proceeding for the settlement of the estate
Both spouses died- ACP liquidated in either of the
spouse testate or intestate proceeding
No judicial settlement- surviving spouse shall
liquidate the ACP either judicially or extra-judicially
within one year
No liquidation after 1 year- disposition or
encumbrance involving ACP- void
Only after liquidation and partition- specific
properties are definitely and physically determined
Subsequent marriage without compliance-
Mandatory regime of complete separation of
property (Art.1- “within the limits provided by this
code.”
Art. 104 (Simultaneous liquidation) E.g.
Liquidation of two or more marriages contracted by 1. Stipulation that excludes partners from any
the same person before the effectivity of this Code- share of the profits and losses- void
respective capital, fruits, and income of each 2. A partner is a co-owner with his other
community be determined by rules of evidence partner of specific partnership of property
In case of doubt- divided in proportion to the capital 3. Without the consent of the other partner, a
and duration of each. partner cannot assign the partnership
E.g. Assets = 15,000 property
Scenario Duration Assets Division
1 1 ? 7500 Section 2. Exclusive Property of each Spouse
1 ? 7500 Art.109 (Exclusive Property)
2 2 ? 6000 1. Brought to marriage as his own
3 ? 9000 2. Gratuitous acquisitions during marriage
3 1 1000 5000 3. Acquired by
1 2000 10000 a. Right of redemption
4 2 1 6000 b. Barter
3 1 9000 c. Exchange
5 2 1000 3750 Property belonging to only one spouse
3 2000 11250 4. Purchased with exclusive money
Art.110 and Art.111 (Acts over exclusive
property)
Chapter 4. Conjugal Partnership of Gains
Retain the
1. Ownership
Section 1. General Provisions
2. Possession
3. Administration
Art.105 (Supplementary Application)
4. Enjoyment
MS-CPG- provisions in this chapter shall be
Transfer the administration to other by means of
suppletory
public instrument- recorded in registry of property
Also applicable to CPG established before
where the property is located
effectivity of FC without prejudice to vested rights
May transfer administration to stranger even
already acquired
without consent of the other
May
Art.106 (What is CPG)
1. Mortgage
Spouses place in a common fund:
2. Encumber
1. From separate properties
3. Alienate
a. Proceeds
Art.112 (Termination of Administration)
b. Products
Alienation of exclusive property- automatically
c. Fruits
terminates administration
d. Income
Proceeds- owner-spouse
2. Efforts or by chance
Exc. Art 127 (Judicial authority given to the present
Upon dissolution- net gains or benefits be divided
spouse to administer the property)
1. Agreement in MS
Art.113 (Gratuitous acquisition with determinate
2. Equal
shares)
Designated share- exclusive property
Art.107 (Art.88-commencement and 89-waiver)
Art.114 (Onerous donations)
Accretion- incorporation or addition of property to
another property
Civil code- no right of accretion unless expressly
provided
Art.108 (Contract of partnership)
Exc. Donations to husband and wife unless
Governed by contract of partnership in all that is not
expressly provided
in conflict with
No designation- equal exc. Determinate properties
a. This Chapter
(not pro indiviso)
b. MS
Payment using conjugal funds- donee-spouse
*ACP- co-ownership
reimburse the CPG but property remains as
CPG- partnership
exclusive
FC- will prevail
Art.115 (Nature of pensions, annuities, and
gratuities)
Will depend upon how it was obtained
Gratuity- exclusive
Right- conjugal
Section 3. Conjugal Partnership Property
Art.116 (Presumption is CPG)
All property acquired during marriage- even if
made, contracted, or registered in the name of one
spouse- presumed CPG unless contrary is proved
Art.117 (Conjugal properties)
1. Acquisition by onerous title from common
fund
Whether for partnership or for only one
spouse
e.g. Damages granted by courts in favor of
any of the spouses arising out of a contract
solely financed by CPG; damages arising
out of illegal detention of exclusive property
exc. Damages awarded to one of the
spouses as a result of physical injuries
2. Labor, industry, work, or profession
Fishing or hunting- separate paragraph
because there is element of chance since
one can be in the sea or forest for a long
time without catching/hunting anything
3. Fruits and earnings from properties
Fruits (civil, industrial, natural) from
common
Net fruits (fruits will be applied first to the
expenses of separate property) from
exclusive property
4. Hidden treasure-any hidden and unknown
deposit of money, jewelry, or other precious
objects, the lawful ownership of which does
not appear
Exc. Mining claims and rights- (gold
nuggets)
5. Livestock- existing upon dissolution in
excess of the number of each kind brought
to marriage
6. Chance
Winnings- CPG
Losses- separate
Art.118 (Installment purchases)
Partly from exclusive funds and partly from conjugal
funds belongs to:
1. Buyer/s- full ownership vested before
marriage
2. CPG- full ownership during marriage
Advances-reimbursement upon liquidation of p’shp
Art.119 (Payment of credit in favor of spouse)
Payable to spouse
1. Principal- exclusive
2. Interest during marriage- CPG
Art.120 (Ownership of improved separate
property)
Whether for utility or adornment at the expense of
CPG
1. CPG- cost of improvement+ increase>value
of property @ time of improvement
2. Owner-spouse- otherwise
Ownership- upon reimbursement at the time of
liquidation
Art.121 (Liabilities of CPG)
Same- Art. 94 except par. 9
Benefit to the family- burden of proof- creditor
Art.122 (Payment of personal debts)
Par.9 of Art. 94
Art. 121 must be satisfied first
DIFFERENCE FROM ACP
ACP- charged against ACP in case separate
property is insufficient
CPG- charged against CPG only after payment of
Art. 121
Reason. Spouse have fewer exclusive properties in
ACP to meet their obligations.
Art.123-128 (same Art.95-96,98-101)
Art.129 (Liquidation procedure-CPG)
1. Same-ACP#1
2. Advances by CPG to either spouse- Asset
of CPG
a. Support of IC
b. Antenuptial debts- did not redound
to the benefit of the family
c. Payment of fines and pecuniary
indemnities
d. Property bought by installments-
ownership- spouse
e. Onerous donations in favor of one
spouse
3. Reimbursement of exclusive funds,
ownership- CPG (Art.120)
4. Same-ACP#2
5. Same-ACP#3
6. Loss or deterioration of movables used for
the benefit of the family belonging to one
spouse- paid from CPG unless indemnified
from whatever source
7. Same-ACP#4
8. Same-ACP#5
9. Same-ACP#6
Art.130-131 (Same Art.103-104)
Art.132 (Rules of Court)
The Rules of Court on the administration of estates
of deceased persons shall be observed in the
appraisal and sale of property of the conjugal
partnership, and other matters which are not
expressly determined in this Chapter.
Art.133 (Advancement)
From the common mass of property support shall
be given to the surviving spouse and to the children
during the liquidation of the inventoried property
and until what belongs to them is delivered; but
from this shall be deducted the amount received for
support which exceeds the fruits or rents pertaining
to them
Chapter 5. Separation of Property of the Spouse
and Administration of Common Property by
One Spouse during the Marriage
Art.134 (Judicial Separation of Property)
In the absence of express declaration in MS- no
separation of property during marriage
Exc. By judicial order (Voluntary or for sufficient
cause)
Art.135 (Sufficient causes)
Spouse of petitioner:
1. Civilly interdicted
2. judicially declared an absentee
3. Lost parental authority
4. Abandoned or failed to comply obligations
(Art.101)
5. Abused the power of administration
Spouses:
6. Separated in fact- at least 1 year and
reconciliation- improbable
Art.136 (Voluntary separation)
Spouses may jointly file a verified petition
ACP/CPG and Personal creditors- listed in petition
and notified of the filing thereof
Art.137 (Liquidation after decree of separation
of property)
In conformity with this Code
During pendency- ACP/CPG-support spouses and
children
Art.138 (CSP after dissolution)
Mere filing- doesn’t dissolve
Finality of the decision of the Court- does dissolve
Art.139 (Recording in registries)
Petition for
1. Separation of property
2. Final judgment granting the same
Recorded in proper
1. Local civil registries
2. Registries of property
To aid present and future creditors in determining
whether an asset of a spouse is conjugal or really
separate
Art.140 (Rights of creditors)
The separation of property shall not prejudice the
rights previously acquired by creditors.
Art.141 (Revival of Previous Property Regime)
Same proceeding where separation of property was
decreed
1. Civil interdiction terminates
2. Absentee spouse reappears
3. Court, satisfied that spouse will not again
abuse the power, authorizes the resumption
4. Spouse who left without decree of LS
resumes common life
5. Parental authority- judicially restored
6. Separated in fact for at least one year-
reconcile and resume common life
7. Agree to revival of former property regime
No voluntary separation of property may thereafter
be granted
Revival (Art.67)
1. Contributed anew
2. Retained as separate
3. Information of creditors
Art.142 (Transfer of administration of exclusive
property to other spouse)
1. Becomes guardian of the other
2. Judicially declared absent
3. Civil interdiction
4. Fugitive from justice
Other spouse not qualified by reason of:
1. Incompetence
2. Conflict of interest
3. Other just cause
Court- appoint suitable person
Chapter 6. Regime of Separation of Property
Art.143 (Suppletory character)
MS- principally govern the regime of separation of
property
FC- suppletory
Art.144 (Separation of property)
1. Present or future or both
2. Total or partial
Property not agreed upon- ACP
Art.145 (Separate property)
Each spouse shall own, dispose of, possess,
administer, and enjoy his or her own separate
estate, without need of the consent of the other. To
each spouse shall belong all earnings from his or
her profession, business, or industry, and all fruits,
natural, industrial, or civil, due or received during
the marriage from his or her separate property.
Art.146 (Family expenses)
Both spouses shall bear the family expenses in
proportion to their income, or, in case of
insufficiency or default thereof, to the current
market value of their separate properties. The
liability of the spouses to creditors for the family
expenses shall, however, be solidary
Chapter 7. Property Regime of Unions Without
Marriage
Art.147. (Cohabitation of parties capacitated to
marry)
Requisites:
1. Man and woman- capacitated to marry each
other
Legal capacity- Art. 5- any male or female of
the age of eighteen years or upwards not
under any of the impediments mentioned in
Articles 37 and 38
Art.39 of CC- family relation limits a
person’s capacity to act.
2. Live exclusively with each other as husband
and wife
3. Without the benefit of marriage or under a
void marriage
Void marriages
a. Art. 35 (2), (absence of marriage
license)
b. Art. 35 (3), (unauthorized solemnizing
officer)
c. Art. 35 (5), (mistake in identity)
d. Art.36 (Psychological incapacity)
Exc.
a. Art.41 (subsequent marriage after
declaration of presumptive death of prior
spouse)
b. Art.53 (subsequent void marriage due to
non-declaration of nullity of prior
marriage)- ACP/CPG
c. Art.45- (annullable marriages)
ACP/CPG
Properties:
1. Salaries- equal
2. Properties- presumed to have been
obtained by their joint efforts- equal
3. Party did not participate- deemed
contributed if the efforts consisted in the
care and maintenance of the family and of
the household
Encumbrance or disposition:
Neither party can- inter-vivos-until after termination
of cohabitation
Forfeiture of the share of party in bad faith:
1. Common children or descendants
2. Respective surviving descendants
3. Innocent party
Art.148 (Cohabitation of parties not capacitated
to marry)
Void marriages:
1. Art.35 (1) (parties below 18 years)
2. Art. 35 (4) (bigamous marriages)
3. Art. 44 (Both parties in bad faith in
contracting subsequent marriage after
declaration of presumptive death of prior
spouse)
Properties:
1. No presumption of co-ownership
2. Only properties acquired through actual joint
contribution- co-owned
3. Deemed contribution (Art.147)- not
applicable
If one party is validly married- share in co-
ownership shall accrue to the ACP/CPG
Forfeiture: Same Art.147
TITLE V. THE FAMILY
Chapter 1. The Family as an Institution
Art.149 (Family)
The family, being the foundation of the nation, is a
basic social institution which public policy cherishes
and protects. Consequently, family relations are
governed by law and no custom, practice, or
agreement destructive of the family shall be
recognized or given effect.
PARAMOUNT IMPORTANCE.
1987 Constitution, Sec.12 Art.2- State recognizes
the sanctity of family life and shall protect and
strengthen the family as a basic social institution.
Sec.1, Art. 15- It shall strengthen its solidarity and
actively promote its total development.
Art.150 (Family relations)
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of the
full or half-blood
Art.151 (Earnest efforts to compromise)
No suit between members of the same family shall
prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a
compromise have been made, but that the same
have failed. If it is shown that no such efforts were
in fact made, the case must be dismissed
Exc.:
1. Civil status of persons
2. Validity of marriage or LS
3. Ground for LS
4. Future support
5. Jurisdiction of courts
6. Future legitime
7. Settlement of estate guardianship
8. Custody of children
9. Habeas corpus
Chapter 2. The Family Home
Art.152 (Definition)
The family home, constituted jointly by the husband
and the wife or by an unmarried head of a family, is
the dwelling house where they and their family
reside, and the land on which it is situated.
Art.153 (Constitution)
Deemed constituted- from the time it is occupied as
a family residence (actual and not constructive)
Family home continues- as long as beneficiaries
actually resides therein
General rule: exempt from execution, forced sale,
or attachment to the extent of the value allowed by
law
No need to constitute judicially or extrajudicially
under FC.
Family home in CC- deemed constituted by
operation of law; but cannot be given retroactive
effect to shield the homes of debtors
Art.154 (Beneficiaries)
1. The husband and wife, or an unmarried
person who is the head of a family
2. Parents, ascendants, descendants, brothers
and sisters, whether legitimate or
illegitimate, who are living in the family
home and who depend upon the head of the
family for legal support
Art.155 (Exceptions from non-execution)
1. Non-payment of taxes
Taxes. Lifeblood of the government and
their prompt and certain availability is an
imperious need.
2. Debts incurred prior to the constitution
3. Debts secured by mortgage on the
premises (before or after)
4. Debts due to laborers,…and others who
have rendered service or furnished material
for the construction
Art.156 (Family Home)
1. Must be part of ACP/CPG or Exclusive with
the latter’s consent
2. May be constituted by unmarried head of a
family
3. Property subject to conditional sale on
installment, ownership reserved by vendor
to guarantee payment- may be constituted
as a family home
Art.157 (Value of Family Home)
At the time of its constitution
1. Urban- not more than 300,000
2. Rural- not more than 200,000
May be fixed by law
Value of currency changes- value most favorable
Urban areas- chartered cities and municipalities
(annual income at least equals chartered cities’)
Art.158 (Disposition)
Can be
1. Sold
2. Alienated
3. Donated
4. Assigned
5. Encumbered
By the owner/s with the written consent of
1. Person constituting
2. Spouse
3. Majority of beneficiaries of legal age
Conflict-court
Art.159 (Limitation after death)
Shall continue despite death of one or both
spouses or of the unmarried head of the family
1. ten years
2. as long as there is a minor beneficiary
3. heirs cannot partition the same unless
courts find compelling reasons
Regardless of whoever owns or constituted
Art.160 (Creditor not in Art.155)
May apply to court directing the sale of property
and the court may order when he
1. obtains a judgment in his favor
2. has reasonable grounds to believe that the
family home is actually worth more than the
maximum amount in Art.157
No bid below the value allowed for family home
Scenario Amount of Creditor Debtor
(urban area) debt
Under 700,000 700,000 0
Art.155
Other 700,000 400,000 300,000
Immunity: to be able to build a new family home
Art.161 (One family home)
For purposes of availing of the benefits of a family
home as provided for in this Chapter, a person may
constitute, or be the beneficiary of, only one family
home.
Art.162 (Family residences)
The provisions in this Chapter shall also govern
family residences insofar as said provisions are
applicable.
All existing family residences at the time of the
effectivity of the FC are considered family homes
and prospectively entitled to benefits
TITLE VI. PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art.163 (Filiation)
Filiation
1. Adoption
2. Natural
a. Legitimate
b. Illegitimate
Art.164 (Legitimate children)
Legitimate children
1. Conceived or born during valid marriage of
parents
2. Result of artificial insemination of the wife
with the sperm of the husband or that of a
donor or both
a. Both of them authorized or ratified
b. Written instrument executed and
signed by them
c. Before the birth of the child
d. Recorded in civil registry with the
birth certificate
Artificial insemination
1. Homologous- semen of husband
2. Heterologous- third-party
NO CRIMINIAL LIABILITY FOR ADULTERY OF
WIFE ARTIFCIALLY INSEMINATED WITHOUT
CONSENT OF HUSBAND
Adultery- committed by any married woman who
shall have sexual intercourse with a man not her
husband
Art.165 (Illegitimate children)
Gen. Rule: Born outside a valid marriage
Exc.: Art. 40-52,53, Art.36
Art.166 (Grounds for impugnation child’s
legitimacy)
1. Physically impossible for the husband to
have sexual intercourse with his wife within
the first 120 days of the 300 days preceding
the birth of the child
a. Physical incapacity of the husband
b. Living separately
c. Serious illness of the husband
Maximum gestation period= 300days
Minimum= 180days
2. Proved by biological or other scientific
reasons except Art.164 (2)
3. Written authorization of either parent was
obtained through (AI)
a. Violence
b. Intimidation
c. Mistake
d. Fraud
e. Undue influence
Art.167 (Mother’s declaration of illegitimacy of
child)
Considered legitimate even if
1. Mother declared against its legitimacy
2. Sentenced as an adulteress
Art.168 (Access presumed prior to termination
of marriage)
In the absence of proof:
1. Child born before 180 days after
solemnization of subsequent marriage and
born within 300 days after termination of the
former marriage- Former
2. Child born after 180 days after
solemnization of subsequent marriage even
if born within 300 days after termination of
the former marriage- Subsequent
Art.169 (No presumption for a child born after
300 days after termination of marriage)
The legitimacy or illegitimacy of a child born after
300 days following the termination of the marriage
shall be proved by whoever alleges such legitimacy
or illegitimacy.
Art.170 (Impugning legitimacy of a child)
Within the knowledge of the birth or its recording in
the civil registry (whichever is earlier), husband or
heirs shall bring the action within:
1. One year- if residing in the city or
municipality where the birth took place or
was recorded
2. Two years- if not residing in (1) but in Phil.
3. Three years- if abroad
Art.171 (Heirs may impugn)
Within the period in Art.170
1. Husband should die before the expiration of
the period fixed
2. Should die after filing of the complaint
without having desisted
3. Child was born after death of husband
Chapter 2. Proof of Filiation
Established by (no need to file action to claim
legitimacy)
1. Record or birth appearing in the civil register
or final judgment
2. Admission of legitimate filiation in public
document or a private handwritten
instrument and signed by the parent
concerned
Absence of such, proved by:
1. Open(public) and continuous possession of
the status of a legitimate child
2. Other means allowed by the Rules of Court
and Special laws

Art.173 (Petition to establish filiation)

1. During his lifetime
2. Transmitted to heirs should the child die
during minority or in a state of insanity (5
years)
Action already commenced shall survive even if
either or both parties die.

Art.174 (Rights of Legitimate children)

1. Bear the surname of father and mother
2. Receive support from parents, ascendants,
and in proper cases, their brothers and
sisters
3. To be entitled to legitime and other
successional rights