If one of both of the
parties are:
The ff. must be made a party to the MS, otherwise the MS is
void:
18-21 years old
Parents; or those required to give
consent Sentenced with civil
interdiction
Guardian appointed by the court Disabled Guardian appointed by
the court Q: May a marriage settlement be modified?
A: Yes. For any modification in the MS to be valid:
1. The requisites for a valid MS must be present;
2. There must be judicial approval;
3. Subject to the provisions of Arts. 66, 67, 128, 135, and 136.
Q: What is the effect on the ante nuptial agreement in case the marriage is not celebrated?
A: GR: Everything stipulated in the settlements or contracts in consideration of the marriage shall be rendered void.
XPN: Those not dependent upon or is not made in consideration of the marriage subsists.
B. DONATIONS BY REASON OF MARRIAGE Q: When are donations considered as donations by reason of marriage?
A: Those donations which are made before the celebration of the marriage, in consideration of the same, and in favor of one or both of the future spouses.
Q: What are the requisites for donations propter nuptias (DPN)?
A:
1. Made before celebration of marriage;
2. Made in consideration of the marriage;
3. Made in favor of one or both of the future spouses.
Q: What are the requisites if donation be made by one spouse in favor of the other?
A:
1. There must be marriage settlement (MS) stipulating a property regime other than ACP;
2. Donation in the MS be not more that 1/5 of the present property;
3. There must be acceptance by the other spouse.
Q: What is the effect of donations of property which is subject to encumbrances?
A: Such donations are valid. In case of foreclosure of the encumbrance and the property is sold for more less than the total 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 85. FC)
C. VOID DONATIONS BY THE SPOUSES Q: What is the rule regarding donations made between spouses?
A:
1. Before the marriage:
GR: Future spouses cannot donate to each other more than 1/5 of their present property (Excess shall be considered void)
XPN: If they are governed by ACP, then each spouse can donate to each other in their marriage settlements present property without limit, provided there is sufficient property left for their support and the legitimes are not impaired.
2. During the marriage:
GR: Every donation or grant of gratuitous advantage, direct or indirect, between spouses are considered void.
XPN: Moderate gifts on the occasion of any family rejoicing.
Note: The aforementioned rules also apply to common law spouses.
Q: Why are donations between spouses during marriage considered void?
A:
1. To protect unsecured creditors from being defrauded;
2. To prevent the stronger spouse from imposing upon the weaker spouse transfer of the latter’s property to the former;
3. To prevent indirect modification of the marriage settlement.
Q: What if the parties agree upon a regime other than absolute community of property?
A: They cannot donate to each other in their marriage settlements more than 1/5 of their present property. Any excess is considered void.
Note: Donations of future property are governed by provisions on testamentary succession and formalities of wills.
Q: What are the donations that may be revoked by the donor?
A: A donation by reason of marriage may be revoked by the donor in the following cases:
1. Marriage is not celebrated or judicially declared void ab initio
XPN: donations made in the marriage settlements
2. Marriage takes place without the required consent of parents or guardians
3. Marriage is annulled and done acted in bad faith
4. Upon legal separation, the done being the guilty spouse
5. If with a resolutory condition which was complied with
6. Donee has committed an act of ingratitud
Q: What are the grounds for filing an action for revocation of a DPN and what their respective prescriptive periods?
A:
G R O U N D S (Art. 86) PRESCRIPTIVE PERIOD
Period Reckoning Point
1. Marriage is not celebrated
XPN: Those automatically rendered void by law 5 yrs
Time the marriage was not solemnized on the fixed date. (art.
1149)
2. Marriage is judicially declared void
Ground for nullity:
Revoked by operation of law a. Contracted subsequent marriage
before prior marriage has been judicially declared void
b. any other grounds 5 yrs
Finality of judicial declaration of nullity (if action is to recover property)
3. Marriage took place without consent of parents or guardian, when
required by law 5 yrs
Time the donor came to know that the required parental consent was not obtained.
4. Marriage is annulled and donee acted in bad faith 5 yrs Finality of decree
5. Upon legal separation (LS), donee being the guilty spouse 5 yrs Time decree of LS has become final 6. Donation subject to resolutory condition which was complied with 5 yrs Happening of the resolutory
condition.
7. Donee committed an act of ingratitude 1 yr From donor’s knowledge of the commission of an act of ingratitude.
Note: Acts of ingratitude:
1. Commission of an offense against the person, honor or property of the donor, his wife or his children under his parental authority
2. GR: Imputation to the donor any criminal offense or any act involving moral turpitude
XPN: if the crime was committed against the donee himself, his wife or his children under his authority 3. Undue refusal to support the donor when he is legally or morally bound to give such support.
Q: What are the different property regimes which may be adopted by future spouses?
A:
1. Absolute Community of Property (ACP) 2. Conjugal Partnership of Gains (CPG) 3. Absolute Separation of Property (ASOP)
4. Any other regime within limits provided by the Family Code
Q: Distinguish ACP, CPG and ASOP.
A:
ACP CPG ASOP
When it applies
When spouses:
1. Adopt it in a marriage settlement;
2. Do not choose any economic system; or
3. Adopted a different property regime and the same is void.
When the future spouses adopt it in a marriage settlement.
1. When future spouses adopt it in a marriage settlement 2. ACP or CPG is dissolved 3. Prior marriage is dissolved due
to death of one spouse and surviving spouse failed to comply with the requirements under Art 103 (judicial settlement proceeding of the estate of deceased spouse) 4. By judicial order. Judicial
separation of property may either be voluntary or for sufficient cause.
Consist of
All the properties owned by the spouses at the time of marriage become community property
Each spouse retains his/her property before the marriage and only the fruits and income of such properties
become part of the conjugal properties during the marriage
Effect of separation in fact The separation in fact shall not affect the regime of ACP. But:
1. The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;
2. When consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding.
3. In case of insufficiency of community or conjugal partnership property, separate property of both spouses shall be solidarily liable for the support of the family. Spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share.
(Arts. 100 & 127, FC)
Effect of dissolution Upon dissolution and liquidation
of the community property, what is divided equally between the spouses or their heirs is the net remainder of the properties of the
ACP.
Upon dissolution of the partnership, the separate property of the spouses are returned and only the
net profits of the partnership are divided equally between the
spouses of their heirs.
Q: When do the property regimes commence?
A: Property regimes commence at the precise moment of the celebration of the marriage.
Q: In the absence of a marriage settlement, what property regime governs the property relations of spouses?
A: GR: Absolute community of property. (Art. 75, FC)
XPNs:
1. For marriages contracted prior to the effectivity of the Family Code on August 3, 1988, conjugal partnership of gains shall govern the property relations. This is so because Article 119 of the New Civil Code will apply. The provisions of the Family Code shall have no retroactive effect because it shall impair vested rights.
2. Subsequent marriage contracted within one year from the death of the deceased spouse without liquidation of the community property or conjugal partnership of gains, either judicially or extrajudicially, as required under Arts.
103 and 130 of the Family Code. In such case, a mandatory regime of complete separation of property shall govern the subsequent marriage. (Rabuya, Civil Law Reviewer, p. 100).
REVIVAL OF FORMER PROPERTY REGIME