FERNANDO, Quinnee Elissa S.

Persons and Family Relations | JD 1-7

TICKLERS IN RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

1. May the wife establish a separate dwelling?

Yes, the wife may establish a separate dwelling.

Article 63 of the Family Code provides that one of the essential obligations of the husband and
wife is to live together. However, the wife may establish a separate dwelling under certain
circumstances: a) the husband is immoderate or barbaric in his demands for sexual intercourse;
b) gross insult made upon her by the husband; and c) the husband maltreats the wife.
Further, the courts cannot compel a wife to go back if she refuses to live with her husband as
well as the husband may not be compelled to support the wife if her refusal is without just cause.

2. Pedro & Aina are married. Without the consent of Pedro, Aina engaged in business which have
redounded to the benefit of the family. However in the latest transaction of Aina, she suffered
huge losses as a result a suit was filed by her creditor seeking to take the community property of
the spouses. Will the action prosper? Why?

Yes, the action of the creditor in seeking liability for damages from the community property
of the spouses will proper.
Under the provisions of Article 73 of the Family Code, 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; and 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 separate property of the spouse who has not obtained
consent. Further, the foregoing provisions shall not prejudice the rights of creditors who acted in
good faith.
In the case at hand, Aina engaged in a business without the consent of Pedro, which benefitted
their family. However, Aina suffered huge losses in her latest transaction which resulted to a suit
filed against her by the creditor. As a rule, no one shall unjustly enrich himself at the expense of
another. Since Aina engaged in a business without the consent of Pedro, all profits or income
from such acts or transactions became part of their absolute community of property or conjugal
partnership. The absolute community of property or conjugal partnership of Aina and Pedro shall
be liable for the damages incurred from the acts or transactions done by Aina.
Hence, the creditor may seek liability for damages from the absolute community of property
or conjugal partnership of Aina and Pedro.
3. Supposed in #2, Pedro objected to the business but still Aina persisted and went on and engaged
in business, however severe business losses occurred, will the community property be liable?
What will happen to the suit?

No, the absolute community property of Aina and Pedro shall not be liable from the damages
incurred in the business or transaction made by Aina.
According to the provisions of Article 73 of the Family Code, either spouse may exercise any
legitimate profession, occupation, business, or activity without the consent of the other. In case
of disagreement between the spouses, the court shall decide whether or not: 1) The objection is
proper; and 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 separate
property of the spouse who has not obtained consent.
In the case at bar, Aina shall be solely liable for the damages or obligations incurred in the
business she engaged since she persisted and continued on engaging in the business even though
Pedro objected such business and resulted severe losses. Per the provisions of Article 73 of the
Family Code, if the benefits accrued after the objection, the separate property of the spouse who
did not secure the consent of the other shall be solely liable for the obligations incurred in such
acts or transactions.
Therefore, the absolute community property of Aina and Pedro shall not be liable from the
damages incurred in Aina’s transactions and not their absolute community property or conjugal
partnership.

TICKLERS IN PROPERTY RELATIONS BETWEEN HUSBAND & WIFE AND DONATIONS BY REASON OF
MARRIAGE AND ABSOLUTE COMMUNITY OF PROPERTY

1. A & B both Filipino citizens met and fell in love and married in Spain. What law will govern their
property relations?

The law that shall govern the property relations of A & B, who contracted their marriage in
Spain, shall be governed by the Philippine laws. The law applies if the spouses are living in the
Philippines or abroad, or even if they have properties located in the Philippines or abroad.
According to Article 80 of the Family Code, in the absence of a contrary stipulation in a
marriage settlement, the property relations of the spouses shall be governed by the Philippine
laws, regardless of the place of the celebration of the marriage and their residence. This provision
shall not apply: a) if both spouses are aliens; b) 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 c) 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.
If A & B, prior to their marriage in Spain, entered into any marriage settlement, they shall be
governed by Philippine laws and can agree on the kind of property regimes, except the absolute
community, in accordance to Article 74 of the Family Code. If there were no any agreements,
their property relationship is one of absolute community. Or, if the agreement is void, their
property is an absolute community of property.
Hence, their national laws, Philippine laws, shall govern their property relations.
2. What are the distinctions between donation propter nuptias and ordinary donations?

The distinction between donation propter nuptias and ordinary donations are as follows:
 As to formalities
Donations propter nuptias is governed by the rules on ordinary donations except that if
future property is donated, it must conform with formalities of wills whereas ordinary
donations are governed by rules on donations under Article 725 to 773 of the Civil Code
of the Philippines.
 As to date of donation
Donations propter nuptias is made before the celebration of marriage whereas in
ordinary donations is made in favor of the spouses after the celebration of marriage.
 Grounds for revocation
Grounds for revocation of donations propter nuptias is provided under Article 86 of the
Family Code while ordinary donations is under Arts. 760, 764, and 765 of the Civil Code.

3. Alfred & Babes, engaged and planned their marriage on February 14, 2019. On January 31, the
parties entered into an agreement wherein they both agreed to be governed by the conjugal
partnership of gains in writing. Unfortunately, on February 5, 2019, they broke off and called off
the wedding.
a. What will become of the marriage settlement? Why?

The stipulations provided in the marriage settlements would be void except for
stipulations which do not depend upon the celebration of marriage.
Article 81 of the Family Code provides that 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 marriage shall be valid.
In the case at bar, Alfred and Babes broke off few days prior to their wedding date. Since
the marriage between them did not take place, the agreement they both entered concerning
their property relations shall be void pursuant to the provisions under Art. 81 of the Family
Code. If the marriage settlement remains valid even though the marriage does not take
place, it would result to unjust enrichment of the parties.
Hence, marriage settlement agreed upon both by Alfred and Babes shall be void since
there was no marriage celebrated or contracted between them.

b. Assume that they have a love child and Alfred recognized their child in the marriage
settlement, would the document adversely affect the child?

No, the recognition of their child indicated in the marriage settlement is not affected.
According to the last sentence of Article 81 of the Family Code, it states that
stipulations that do not depend upon the celebration of the marriage shall be valid.
In the case at hand, as an exception on the provisions of Article 81 of the Family Code,
the stipulation where Alfred recognizes their child in their marriage settlement will remain
 valid even though no marriage was celebrated or contracted between Alfred and Babes.
Such stipulation, recognition of a natural child of the contracting parties, will remain valid
even if the marriage is not celebrated or contracted.
Therefore, the recognition of Alfred to their child is not affected.

4. Alfred and Babes set their wedding on February 14, 2019. On January 31, Alfred donated a house
and lot to Babes, but which property was mortgaged for 2million.
a. Is the donation valid?

Yes, the donation is valid.

Article 85 of the Family Code provides that 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.
In the case at bar, the donation made by Alfred to her future spouse, Babes, is
considered valid even if it there exist an encumberance. Under the provisions of Article 85
of the Family Code, the house and lot in question is still owned by Alfred even if it is
mortgaged for 2 million prior to his donating to Babes.
Therefore, the donation made by Alfred to Babes is valid.

b. Assume that after the wedding and two years later, the property was foreclosed due to non-
payment, what is the effect of the foreclosure on the donation?

According to Article 85 of the Family Code, 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.
In the case at bar, if the property was foreclosed and sold for a lower than the
mortaged price of 2 million, Babes will not be liable for any deficiencies therein. If the
property is sold for more than 2 million, Babes is entitled to the excess of the total amount
obligation.

c. Assume that the marriage did not push through, what happens to the donation?

If the marriage was not celebrated or contracted, the donation shall be revoked on the
ground that the marriage is not celebrated or contracted.
According to Article 86 of the Family Code, a donation by reason of marriage may be
revoked if the marriage is not celebrated except for donations made in the marriage
settlements which shall be governed by Article 81 of the Family Code.
In the case at bar, if the marriage between Alfred and Babes was not celebrated or
contracted, such donation will be revoked in accordance with the Article 81 of the Family
Code which states that 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. Since no marriage was celebrated between them, such donations made by Alfred will
be void.
Therefore, the donation the donation shall be revoked and considered void on the
ground that the marriage is not celebrated or contracted.

5. Under what instances may a donation propter nuptias be revoked?

Article 86 of the Family Code provides that a donation by reason of marriage may be revoked
by the donor in the following cases:
a. 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;
b. When the marriage takes place without the consent of the parents or guardian, as
required by law;
c. When the marriage is annulled, and the donee acted in bad faith;
d. Upon legal separation, the donee being the guilty spouse;
e. If it is with a resolutory condition and the condition is complied with;
f. When the donee has committed an act of ingratitude as specified by the provisions of the
Civil Code on donations in general.

6. What properties of the spouses do not redound to the absolute community of property?

As provided under Article 92 of the Family Code, the following do not redound to the absolute
community property of the spouses:
a) Property acquired during the marriage by gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is expressly provided by the donor, testator
or grantor that they shall form part of the community property;
b) Property for the personal and exclusive use of either spouse. However, jewelry shall form
part of the community property;
c) Property acquired before the marriage by either spouse who has legitimate descendants
by a former marriage, and the fruits as well as the income, if any, of such property.

7. X and Y are married. A, father of X, donated a parcel of land to him. Is the property a part of the
absolute community of property or the conjugal partnership? Explain.

Yes, the property shall form part of the absolute community property or conjugal partnership
of X and Y.
According to Article 91 of the Family Code, the community property shall consist of all the
property owned by the spouses at the time of the celebration of the marriage or acquired
thereafter.
In the case at bar, as provided by the provisions under Article 91, the parcel of land donated
to X by his father forms part of the absolute community of property or the conjugal partnership
of X and Y when they got married.
Hence, the property donated to X became part of the absolute community property or
conjugal partnership of X and Y.
8. A and B are married. They have two (2) children. During the marriage, they acquired properties.
A died, hence, B got married to C. Do the properties of B which were acquired in the previous
marriage with A form part of the absolute community of property in her marriage with C? Why?

No, the properties acquired by B during her marriage to A do not form part of the absolute
community property in her marriage with C.
According to the third paragraph of Article 92 of the Family Code, the property acquired
before the marriage by either spouse who has legitimate descendants by a former marriage, and
the fruits as well as the income, if any, of property, is excluded from the absolute community of
property.
In the case at hand, the properties acquired by B during her marriage with A constitutes her
exclusive properties to such properties in order to protect the legitime or interest of B’s two
children with A. The mixing of properties in the first and second marriage would be prejudicial to
the children of the two (2) marriages.
Hence, the properties acquired by B during her marriage with does not form part of the
absolute community property of B and C.

9. X and Y are married with three (3) children. X abandoned the wife and children and lived with Z.
A friend, B, entered into a contract of loan with PNB whereby X became a guarantor. B failed to
pay the obligation; hence, B, X, and Y were sued. Judgment was rendered. Can the community of
property of X and Y be held liable? Why?

Yes, the community property of X and Y are liable.

According to Article 94, par. 4 of the Family Code provides that the absolute community
property shall be liable for ante-nuptial debts of either spouse other than those falling under
paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities
incurred by either spouse by reason of a crime or a quasi-delict. In case of absence or insufficiency
of the exclusive property of the debtor-spouse, the payment of which shall be considered as
advances to be deducted from the share of the debtor-spouse upon liquidation of the
community.
In the case at hand, when X became a guarantor of B on his loan with PNB and incurred
liabilities, such liabilities shall not be borne by the absolute community property of X and Y.
However, if X has no separate property or where there any insufficiency on his exclusive
properties to be charged for the liabilities, then the absolute community of property shall be
liable for the obligations therein. This shall be treated as advances to the absolute community of
property which shall be deducted from the liquidation of the absolute community of property or
conjugal partnership.
Thus, the community property of X and Y are liable for the obligations incurred therein.

10. A, a bachelor, owns a parcel of land. He built a house on the said land from the proceeds of a loan
contracted prior to his marriage with B. The house now serves as their residence. The loan,
however, became due and demandable five (5) months after their marriage. Is the conjugal
partnership or the absolute community of property liable? Why?

Yes, the conjugal partnership or absolute community of property of A and B is liable.

 According to Article 94, paragraph 4, of the Family Code, the absolute community property
shall be liable for ante-nuptial debts of either spouse insofar as they have redounded to the
benefit of the family.
In the case at bar, the house built by A, during his bachelor years, became part of A and B’s
conjugal partnership or absolute community of property when they got married. When the loan,
which A contracted for the purposes of building the house, became due and demandable after
the marriage shall be borne by the absolute community of property as the loan benefitted the
family of A and B – the house built became their family residence.
Therefore, the conjugal partnership or absolute community of property of A and B is liable.

11. Is there a presumption that the obligations incurred by one of the spouses during the marriage
are charged against their community of property?

Yes, the obligations incurred by one of the spouses during their marriage are charged against
the community property of the spouses.
According to the provisions under Article 94 of the Family Code, the absolute community
property shall be liable to: all debts and obligations contracted during the marriage by the
designated administrator-spouse for the benefit of the community, or by both spouses, or by one
spouse with the consent of the other; debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may have been benefited; all taxes, liens,
charges and expenses, including major or minor repairs, upon the community property; all taxes
and expenses for mere preservation made during marriage upon the separate property of either
spouse used by the family; expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-improvement; ante-nuptial debts of
either spouse insofar as they have redounded to the benefit of the family; the value of what is
donated or promised by both spouses in favor of their common legitimate children for the
exclusive purpose of commencing or completing a professional or vocational course or other
activity for self-improvement; ante-nuptial debts of either spouse other than those falling under
paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities
incurred by either spouse by reason of a crime or a quasi-delict. In case of absence or insufficiency
of the exclusive property of the debtor-spouse, the payment of which shall be considered as
advances to be deducted from the share of the debtor-spouse upon liquidation of the
community; and expenses of litigation between the spouses unless the suit is found to be
groundless.

12.
a. Who administers the absolute community of property?

Both spouses jointly administer and enjoy the community or property.

Paragraph 1 of Article 96 of the Family Code provides that the administration and
enjoyment of the community property shall belong to both spouses jointly. In case of
disagreement, the husband’s decision shall prevail, subject to recourse to the court by the
wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision.
 b. When may the administration be transferred to one spouse?

The instances when one spouse may assume the powers of administration is provided
under paragraph 2 of Article 96 of the Family Code which states that in the event that one
spouse is incapacitated or otherwise unable to participate in the administration of the
common properties, the other spouse may assume sole powers of administration. These
powers do not include the powers of disposition or encumbrance without authority of the
court or the written consent of the spouse. In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other spouse or authorization
by the court before the offer is withdrawn by either or both offerors.

13. On October 31, 1995, the wife obtained a loan secured by a Real Estate Mortgage over a real
proper under their names but without the consent of the husband. She issued checks as partial
payments but the same were dishonored, hence, the creditor filed a complaint for Foreclosure of
the Mortgage. The RTC dismissed the case as the mortgage was executed without the consent of
the husband even as it noted that he executed a Special Power of Attorney for the wife to execute
the mortgage on November 4, 1995. The RTC however ruled that the subsequent execution of
the SPA cannot be made to retroact to the date of the execution of the real estate mortgage. Is
the ruling correct? Why?

No, the ruling is incorrect.

According to Article 96 of the Family Code, in the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
In the case at bar, the mortgage is void since it is contracted without the consent of the
husband. However, it can be considered the transaction as a continuing offer since the wife and
the creditor have not withdrawn their offers.
Therefore, the contract concerning the mortgage is valid.

14. If the husband and wife are living separately from one another and one of them sells a conjugal
property without the consent of the other, is the sale valid? Why?

No, the sale is not valid.

According to Article 96 of the Family Code, in the event that one spouse is incapacitated or
otherwise unable to participate in the administration of the common properties, the other
spouse may assume sole powers of administration. These powers do not include the powers of
disposition or encumbrance without authority of the court or the written consent of the spouse.
In the absence of such authority or consent, the disposition or encumbrance shall be void.
In this case, the sale of the conjugal property made by one of the spouse is deemed void since
the sale was made without the consent of the other. Under the provisions of Article 96, selling of
properties is an act of ownership or dominion which is not present in administration.
 Thus, the sale made by either of the spouse without the consent of the other shall not be
valid.

15. When is a spouse deemed to have abandoned the other?

According to Article 101 of the Family Code, a spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without intention of returning. The spouse who has
left the conjugal dwelling for a period of three months or has failed within the same period to
give any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.

16. In case of liquidation of the absolute community of property, what rule shall be followed?

According to Article 102 of the Family Code, upon the dissolution of the absolute community
regime, the following procedure shall apply:
a. an inventory shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse;
b. the debts and obligations of the absolute community shall be paid out of its assets. In
case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid
balance with their separate properties in accordance with the provisions of the second
paragraph of Article 94;
c. whatever remains of the exclusive properties of the spouses shall thereafter be delivered
to each of them;
d. the net remainder of the properties of the absolute community shall constitute its net
assets, which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share as provided in this Code. For purposes of
computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and
63, No. (2), the said profits shall be the increase in value between the market value of the
community property at the time of the celebration of the marriage and the market value
at the time of its dissolution
e. the presumptive legitimes of the common children shall be delivered upon partition, in
accordance with Article 51; and
f. unless otherwise agreed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse
with whom the majority of the common children choose to remain. Children below the
age of seven years are deemed to have chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the court shall decide, taking into
consideration the best interests of said children.
17. May a spouse perform acts of administration alone over their properties without the consent of
the other? Explain.

Yes, a spouse may perform acts of administration alone over their properties without the
consent of the other.
Article 96 of the Family Code provides that there are instances where a spouse may assume
sole powers of administration over their community properties which includes when the other is
incapacitated or unable to participate in the administration of their common properties.
However, these powers do not include the powers of disposition or encumbrance without
authority of the court or the written consent of the spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be void.
Hence, a spouse may perform sole administration over their community property which do
not include disposition or encumbrance without the consent of the other.

18. Spouses X and Y negotiated for the sale of a property belonging to them. When the contract of
sale was signed the wife refused to sell but the husband proceeded with it without his wife’s
consent. Is the sale valid? Why?

Yes, the sale is valid.

Provided in par. 1 of Article 96 of the family code that the administration and enjoyment of
the community property shall belong to both spouses jointly. In case of disagreement, the
husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy,
which must be availed of within five years from the date of the contract implementing such
decision.
In this case, the signed contract by the wife would mean her consent to the sale of such
property. However, she later on refused to sell it, but since Article 96 provides that the husband’s
decision shall prevail in case of disagreement, then the validity of the sale when the husband
pursued is valid.
Therefore, the sale is valid.

19. When is court authorization in the sale of conjugal properties resorted to? Explain.

The court authorization in the sale of conjugal properties is resorted when, as provided under
the provisions of Article 96, in case of disagreement, the husband’s decision shall prevail, subject
to recourse to the court by the wife for proper remedy, which must be availed of within five years
from the date of the contract implementing such decision.

20. X and Y are married. They acquired properties during their coverture. They had two (2) children.
X died in 1980. There was no liquidation of their community of property. Y contracted a
subsequent marriage with Z. They acquired properties and had two children. Z died. What rules
shall apply in the liquidation of the community of properties? Explain.

Article 103 of the Family Code will apply in the liquidation of community of properties in this
case.
 Article 103 of the Family Code states that upon the termination of the marriage by death, the
community property shall be liquidated in the same proceeding for the settlement of the estate
of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within one year from the death of the
deceased spouse. If upon the lapse of the said period, no liquidation is made, any disposition or
encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the
foregoing requirements, a mandatory regime of complete separation of property shall govern the
property relations of the subsequent marriage.
In the case at bar, since there were no liquidation made on the community property of X an Y
within one (1) after the death of X, and Y contracted a new marriage, the subsequent marriage
of X and Z shall be governed by mandatory complete separation of property in order to protect
the legitime and heirs of the first marriage as well as prevent fraud to creditors.
Thus, non-liquidation of community properties upon the termination of marriage of X and Y
upon X’s death constitutes Y’s exclusive properties to such unliquidated properties.