PERSONS AND FAMILY RELATIONS
FAMILY CODE: ART 68-104
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
AND WIFE
Article 68: The husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and
render mutual aid and support.
1) DUTY TO LIVE TOGETHER: cohabitation, normal
sexual intercourse
WHEN CAN WIFE REFUSE: abnormal or perverse sex
practices, she is ill, husband has venereal disease, residence is
dangerous, maltreatment, cannot get along with in laws,
husband continuously having affair, gambling husband, no
fixed residence, husband has shameful business at home
If a spouse abandons conjugal home without justifiable cause,
offended spouse may: (1) refuse support, (2) recover moral
damages, (3) ask Court to counsel his wife
2) DUTY TO OBSERVE MUTUAL LOVE, RESPECT
AND FIDELITY
DUTIES MUST BE PERFORMED VOLUNTARILY: both
administer family property, have joint parental authority over
minor
3) DUTY TO RENDER MUTUAL HELP AND SUPPORT
SPOUSE HAS RIGHT TO DEFEND LIFE AND HONOR OF
OTHER: one cannot be examined without consent; either may
exercise profession without consent of the other
Article 69: The husband and wife shall fix the family
domicile. In disagreement, Court shall decide. It 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.
1) EXEMPTIONS IN LIVING TOGETHER: one
should live abroad, valid reason such as health issues
of one spouse
2) Family domicile, not residence because they may
have many residences and when wife wants to remain
in one, it may destroy duty to live together.
Article 70: The spouses are jointly responsible for the
support of the family. The expenses for such support and
other conjugal obligations shall be paid in this order:
A. From community property
B. In absence thereof, from income or fruits of
separate properties
C. In insufficiency or absence thereof, from separate
properties
1) Third case: spouses liable in proportion to properties
Article 71: The management of the household shall be the
right and duty of both of the spouses. The expenses shall be
paid in accordance with provs in Art 70.
1) Change in rule is to allow women not to be confined
in stereotypes
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 the
family, aggrieved party may come to Court for relief.
1) PHYSICAL, MORAL, EMOTIONAL,
PSYCHOLOGICAL INJURIES: court may issue
injunction order and threaten guilty spouse with
contempt if he or she refuses to heed court order
2) CONTEMPT cannot order wife to live with or return
to husband
Article 73: Either spouse may exercise any legitimate
profession, occupation, business, or activity without
consent of the other. Latter may only object only on
VALID, SERIOUS, MORAL GROUNDS. In case of
disagreement, the court shall decide WON: (1) objection is
proper, benefit has accrued to family prior to or after
objection. If prior, resulting obligation shall be enforced
against community property. If after, obligation enforced
against separate property without consent. These shall not
prejudice rights of creditors in good faith.
1) RIGHT TO OBJECT IS MUTUAL: profession etc
must be legitimate (lawful, honest and moral)
PROPERTY RELATIONS BETWEEN HUSBAND AND
WIFE
Article 74: The property relations between H and W shall
be governed in the following order:
A. Marriage settlements executed before marriage
B. By provisions of this Code
C. By local customs
1) MARRIAGE SETTLEMENT: contract entered into
by man and woman who intend or plan to get married
fixing property regime that will govern their present
and future properties during their marriage
Article 75: The future spouses may, in the marriage
settlements, agree upon the regime of absolute community,
conjugal partnership of gains, complete separation, or any
other regime. In absence of marriage settlements or when
regime is void, system of absolute community established
in this Code shall govern.
1) MUST NOT BE CONTRARY TO LAW, MORALS,
GOOD CUSTOMS, PUBLIC ORDER OR POLICY
2) Once a regime is chosen, props are governed by that
regime
PERSONS AND FAMILY RELATIONS
FAMILY CODE: ART 68-104
3) VOID PROVISIONS IN MS: prohibition to marry
another; spouses that live separately; imposing fine
on infidelity; all property will belong to the husband
a. Nullity of void provisions will not nullify
valid ones
Article 76: Modifications in MS must be made before
celebration of marriage.
1) XPNs: judicial separation of property in Art 66, 67
Article 77: MS and modifications shall be in writing,
signed by parties and executed before celebration of
marriage. They shall not prejudice 3rd persons unless they
are registered in local civil registry where marriage
contract is recorded as well as proper registries of
property.
1) If party executing needs parental consent for
marriage, parent must be made party to agreement;
applies to civil interdiction or any other disability
2) Agreement must be a public document
3) 3rd party should know what the property regime of the
spouses is
Article 78: A minor (18-21 y.o.) may also enter into
marriage settlements, provided that persons designated in
Art 14 are made parties to the agreement
1) Parent or guardian
2) He or she must sign the same- presumption is that
minor cannot take care of own interests
Article 79: For the validity of the marriage settlements by
person whom sentence of Civil interdiction has been
pronounced or who has disability, guardian’s appointment
to be party is indispensable
1) Disability: deaf mutes, spendthrifts, insolvents (NOT
INSANES)
Article 80: In the absence of contrary stipulation in the
marriage settlements, property relations of spouses shall
be governed by Philippine laws, regardless of place of
celebration of the marriage and residence.
1) NATIONALITY THEORY: applies whether they
were married here or abroad, they reside here or
abroad, or properties located here or abroad
2) XPNs: both aliens, extrinsic validity of contracts (lex
situs)
Article 81: Everything stipulated in settlements must be
made void if marriage does not take place; stipulations
that do not depend on marriage shall be valid
1) XPN: recognition of illegitimate child in MS
2) Donations proper nuptias are also void if marriage
does not take place
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
1) EXCLUDED: ordinary wedding gifts given after
marriage; made before marriage but not in
consideration of marriage; made in favor other than
spouses
2) CHARACTERISTICS OF DPN: does not require
express acceptance, may be made by minors, may
include future property, if present property is donated
only limited to 1/5; grounds for revocation found in
Art 86
Article 83: These donations governed by rules of ordinary
donations
Article 84: If the future spouses agree upon a regime other
than absolute community, they cannot donate to each
other in marriage settlements more than one fifth of
present property. Any excess is void.\
1) DPN of future properties shall be governed by
provisions of testamentary succession and formalities
of wills
Article 85: DPN of property subject to encumbrances shall
be valid. If property is sold for less than the amount of the
obligation secured, donee shall not be liable for deficiency.
If sold for more, donee shall be entitled to excess.
Article 86: A donation by reason of marriage may be
revoked by the donor in:
1) If the marriage is not celebrated/judicially declared
void ab initio
2) Marriage takes place without consent of parents or
guardians
3) Marriage annulled, donee acted in bad faith
4) Legal separation (guilty spouse)
5) Donee committed act of ingratitude (offense against
person, honor, property of donor, his wife, children)
PRESCRIPTIVE PERIODS FOR FILING ACTIONS FOR
REVOCATION
1) Written donation- 10 years
2) Oral donation- 6 years
3) Void ab initio- 5 years
4) Without consent- 4 years
5) Marriage annulled- 4 years
6) Act of ingratitude- 1 year from donor’s knowledge of
fact
Article 87: Every donation or grant of gratuitous
advantage between marriage shall be void, except
moderate gifts which the spouses may give each other on
occasion of family rejoicing.
PERSONS AND FAMILY RELATIONS
FAMILY CODE: ART 68-104
1) Included: donation to step child, donation to person
of whom the spouse is a presumptive heir at time of
donation
2) To prevent weaker spouse from being influenced, to
protect creditors, to prevent modification in MS
3) Only person prejudiced may question
4) Applies to marriages without validity- common law
or adultery
SYSTEM OF ABSOLUTE COMMUNITY
Article 88: AC shall commence at precise moment
marriage is celebrated. Any stipulation for commencement
at any other time shall be void.
1) AC: H and W are co owners of all properties that
they bring into the marriage and those acquired by
each or both of them, which props, in dissolution of
marriage, spouses or heirs will divide equally.
2) Conjugal partnership of gains: net profits are divided
between
Article 89: No waiver of rights, interests, shares and effects
of the absolute community of property during the
marriage can be made except in case of judicial separation
of property
1) To avoid undue influence
2) Waiver is allowed when in public instrument and
recorded in local civil registrar
3) Creditors who made the waiver may petition to the
court to remove the waiver to the extent of amounts
sufficient to cover their credits
Art 90: provs on co ownership shall apply to AC of
property between spouses in matters not provided here
Article 91: Community property shall consist of all
property owned by the spouses at the time of the
celebration of the marriage of acquired thereafter.
1) Props before marriage- automatic converted into
community property
Article 92: The following shall be excluded from the
community property:
(1) 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;
(2) Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
community property;
(3) 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.
1) “gratuitous title”- donation, testate or intestate
succession
2) Jewelry are excluded because even if used
exclusively, these are expensive and shall form part
of the community
3) If properties of a widow or widower acquired during
first marriage are not excluded, the rights of the
children and descendants of first marriage may be
prejudiced
4) Par 3 does not affect rights of children of the second
marriage to inherit their shares of properties of father
or mother acquired during first marriage under law of
succession
Art. 93. Property acquired during the marriage is
presumed to belong to the community, unless it is proved
that it is one of those excluded therefrom.
1) Presumption rebuttable only by strong, clear evidence
2) Stronger when creditors are involved
3) Does not apply to exclusions in art 92
Art. 94. The absolute community of property shall be
liable for:
(1) The support of the spouses, their common children, and
legitimate children of either spouse; however, the support
of illegitimate children shall be governed by the provisions
of this Code on Support;- shall be given even if not living
together; should still be given in the pendency of action of
legal separation
(2) 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;
(3) Debts and obligations contracted by either spouse
without the consent of the other to the extent that the
family may have been benefited;-only when family may
have been benefitted
(4) All taxes, liens, charges and expenses, including major
or minor repairs, upon the community property;- minor
(preservation/wear and tears); major (extraordinary events
such as storms and floods)
(5) All taxes and expenses for mere preservation made
during marriage upon the separate property of either
spouse used by the family; - limited to minor repairs
(6) Expenses to enable either spouse to commence or
complete a professional or vocational course, or other
PERSONS AND FAMILY RELATIONS
FAMILY CODE: ART 68-104
activity for self-improvement;-self improvement courses; to
encourage spouses to improve themselves for the benfit
(7) Ante-nuptial debts of either spouse insofar as they have
redounded to the benefit of the family;- expenses incurred
by wife on building owned by her before marriage but which
became AC
(8) 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;- donations beyond the duty of parents;
donations must be made by both spouses
(9) 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-
debtor spouse has no exclusive property or his own is
insufficient
(10) Expenses of litigation between the spouses unless the
suit is found to be groundless.-actions for support by one
spouse against other for support and custody of children, legal
separation and annulment of marriage
If the community property is insufficient to cover the
foregoing liabilities, except those falling under paragraph
(9), the spouses shall be solidarily liable for the unpaid
balance with their separate properties.
Art. 95. Whatever may be lost during the marriage in any
game of chance, betting, sweepstakes, or any other kind of
gambling, whether permitted or prohibited by law, shall be
borne by the loser and shall not be charged to the
community but any winnings therefrom shall form part of
the community property.
1) If ticket was given by friend, considered as donation
and that winnings will not be a part of the community
property.
Article 96: The administration and enjoyment of the
community property shall belong to both spouses jointly.
In disagreement, the husband’s decision shall prevail,
subject to recourse to the court by wife for a proper
remedy which must be availed of within 5 years from the
date of the contract implementing such decision.
In the event that one is incapacitated or unable to
participate in administration of the common properties,
other spouse may assume administration. These powers do
not include powers of disposition or encumbrance which
must have authority of the court or the written consent of
the other spouse. In the absence of these, these shall be
void. But 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.
1) If wife does not go to court, it means she agrees with
decision of husband.
2) Wife may go to court even before decision for
injunction to stop husband from implementing his
decision.
3) Consent of spouse must be in writing
Article 97: Either spouse may dispose by will of his or her
interest in the community property.
1) Subject to the law on testamentary succession
2) Will should only refer to share of either spouse and
not to any specific property in their AC
Article 98: Neither spouse may donate any community
property without consent of the other. However, either
spouse may, without the consent of the other, make
moderate donations from the community property for
charity or on occasions of family rejoicing or family
distress.
1) If a spouse donates piece of CP without consent, Art
96 dictates that the donation is void.
2) Prohibition shall apply to parties living together
without a valid marriage
Article 99: The absolute community terminates:
A. Upon the death of either spouse (103)
B. When there is a decree of legal separation (63,64)
C. When the marriage is annulled or declared void
(50-52)
D. In case of judicial separation of property during
the marriage (134-138)
Article 100: The separation in fact between H and W shall
not affect regime of AC except that:
A. Spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the
right to be supported
B. When the consent of one spouse to any transaction
of the other is required by law, judicial
authorization shall be obtained in summary
proceeding
C. In absence of sufficient CP, separate property of
both spouses shall be solidarily liable for the
support of the family. The spouse present shall,
upon proper petition in a summary proceeding, be
given judicial authority to administer or
encumber any specific separate property of the
PERSONS AND FAMILY RELATIONS
FAMILY CODE: ART 68-104
other spouse and use the fruits or proceeds to
satisfy latter’s share
1) Separation de facto: cohabitation terminated; no legal
separation; spouses may still be complying with
mutual duty of support
Article 101: If a spouse without just cause abandons other
spouse or fails to comply with obligations (marital,
parental, property), aggrieved spouse may petition to court
for receivership, judicial separation of property, or for
authority to be sole administrator of absolute community,
subject to precautionary conditions.
A spouse is deemed to have abandoned other when he or
she has left conjugal dwelling without intention of
returning. The spouse who has left conjugal dwelling for a
period of 3 months or has failed within the same period to
give any info as to his or her whereabouts shall be prima
faci presumed to have no intention of returning to conjugal
dwelling.
six months 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.
Art. 104. Whenever the liquidation of the community
properties of two or more marriages contracted by the
same person before the effectivity of this Code is carried
out simultaneously, the respective capital, fruits and
income of each community shall be determined upon such
proof as may be considered according to the rules of
evidence. In case of doubt as to which community the
existing properties belong, the same shall be divided
between the different communities in proportion to the
capital and duration of each.

Article 102: Upon dissolution of AC regime, the following

procedure shall apply:

A. An inventory shall be prepared, listing separately

all properties of AC and exclusive properties of
each
B. Debts and obligations of AC shall be paid out of its
assets. In case of insufficiency, spouses shall be
solidarily liable for unpaid balance with separate
properties in accordance with Art 94 (2)
C. Whatever remains of exclusive properties of
spouses shall be delivered to each of them
D. The net remainder of properties of AC shall
constitute its net assets which shall be divided
equally between H and W unless different
proportion was agreed upon in marriage
settlement, or unless there has been voluntary
waiver.
E. Presumptive legitimes of common children shall
be delivered upon partition
F. Unless otherwise agreed upon by parties, partition
of properties, conjugal dwelling shall be
adjudicated to spouse whom majority of the
common children choose to remain. Children
below 7 are deemed to have chosen the mother,
unless court have decided otherwise.

Art. 103. 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 six months from
the death of the deceased spouse. If upon the lapse of the